Application of the principle of legality in the punishment of criminal acts of production, transportation, storage, marketing, offering for sale or free of charge of products, provision of services, dangerous to the life or health of consumers

Abstract

This paper addresses the application of the principle of criminal legality in the context of the offences provided for in article 216 of the Criminal Code of the Republic of Moldova, which punishes the production, transportation, storage, sale or supply of products and the provision of services that are dangerous to the life or health of consumers. The paper examines the requirements of clarity, predictability, and proportionality of criminal law and the need to distinguish between criminal, administrative, and civil liability in order to avoid the excessive application of criminal sanctions. It highlights the role of technical expertise as a procedural guarantee of the principle of legality, since only through an objective assessment can the dangerous nature of a product or service be determined. At the same time, the study correlates national regulations with European standards on product safety, established by Directive 2001/95/EC, Regulation (EU) 2023/988 and Directive 85/374/EEC, as well as with the case law of the Court of Justice of the European Union. The conclusions highlight that criminal liability should only be imposed as a last resort, in cases of real and proven danger, ensuring a balance between consumer protection and the legal security of economic operators.