Criminological and legal-penal analysis of the facts incriminated by art. 317 of the criminal code of the Republic of Moldova

Escaping from places of detention is a criminal act according to the legislation of the Republic of Moldova. The number of escapes that are committed annually is insignificant in correlation with the number of convicts. And yet, the parliament decided that there is a need to keep the act of escape incriminated. And rightfully so, in the absence of incrimination, the number of escapes would increase significantly. The conditions of detention, the imperfections of the prison guard wall, the crisis of human resources play an important role in this case. In this context, the passing through the judicial filter of the few escapes that happen every year must be fair and proportionate. Measures must be taken to improve the legislative framework and the causes that stimulate the escape of convicts must be studied and improved as much as possible. Namely the study of the opportunities for legislative improvement resulting from the analysis of the signs that characterize the elements of the crime component as well as the identification of the causes that stimulate the escape are the object of this research. In the object also are contained the measures that can be taken to improve these causes.