Case study

Summary of the case nr. 1-76/2011

issued by the Court of Cahul
1. Facts:
On 15 December 2010 S.I. and S.D. were at C.N.s home. She complained them that the
victim I. stole a sum of money. Thus, S.I. and S.D. thought about inviting I. to town in order
to ask him about the stolen money and to ask for its returning.
After going out, all three of them went to C.N.s home, where C.N., S.I. and S.D. slapped I.
because he would have stolen the money and did not recognize it. In this way, S.I. and S.D.
threatened I. that they would close him in the cars truck and would drown him into the
river if he did not recognize hid did.
S.I. and S.D. acted jointly with the purpose to kidnap I., and captured him and boarded him
against his will in the trunk of a car. He was carried against his will to the car, S.I. and S.D.
using psychological and physical influence upon him and he was taken to an unknown
destination. On the road S.I. and S.D. made sure that the trunk cannot be open in order for
I. to escape.
On the road, I. was asked about the money, frightened and mistreated, and even lost his
conscience because was hit by one person. When the car reached to Vulcanesti, S.I. and
S.D. released I. from the car and he returned home on foot.
2. Law: art.164 align.(2) letter e) kidnapping committed by two or more persons
3. Grounds:
The offenders illegally deprived the victim by physical liberty, against his consent, from
his normal environment and closed him into a space where usually people cannot stay.
At the same time, there were used physical and psychological coercion, by applying
violence and threat to use of violence.
There were fulfilled both the main action, of capturing, taking the victim from his
normal environment, retaining the victim against his will; and also the adjacent actions:
physical and psychological coercion, actions characteristic for the objective side of the
crime of kidnapping.
The existence of plurality of subjects, who acted jointly with the purpose to kidnap the
victim, thus ensuring that their purpose will transform into reality.
4. Punishment: 4 year of imprisonment, with the conditional release on probation of one year,
taking into consideration the personality of the offenders, lack of aggravating circumstances,
lack of criminal records, positive characteristic at their living places, their sincere regret and
contribution to the discovering of the crime, closing plea bargain. Thus, the court considers that
the offenders can be reeducated and corrected without being isolated by the society and it is
not rational for them to execute their punishment as imprisonment.