Hypnosis in the Criminal Law of the Republic of Moldova

Abstract

This article presents the analysis of the state of hypnosis from the aspect of criminal law. At the same time, it is approached the hypnosis as the special psychological state and its tangency with the institutions of criminal law. In this study, the state of hypnosis will be analyzed under two aspects. First, we will analyze the issues related to the qualification of the crime committed against a hypnotized person. In this case, hypnosis will be seen as a method of committing the crime. Secondly, we aimed to analyze the legal-criminal classification of the state of hypnosis in case of committing the crime by a hypnotized person. Since the current criminal law lacks a precise classification of the state of hypnosis, under this aspect, there are two different opinions regarding their legal classification: the state of irresponsibility or a form of mental coercion. This issue requires an in-depth approach, for the reason that in practice, such cases are encountered more and more often, and legislative gaps, in this sense, create difficulties.