THE LEGAL GENERIC AND SUBGROUP SUBJECT-MATTER OF CRIMES RELATED TO ILLEGAL PRACTICE OF FINANCIAL ACTIVITY

Abstract

The classification of a prejudicial act pursuant to Article 2411 [Illegal Practice of Financial Activity] of the Penal Code of the Republic of Moldova depends directly on the accurate determination of the crime objective and subjective constituents. The starting point to this end is to define the subject-matter of crime. This paper is aimed to review the complexity of the subject-matter of crimes related to illegal practice of financial activity. Hence, the social relations on the national economy are the generic legal subject-matter of the crime concerned. Moreover, the subgroup legal subjectmatter is also present due to the wide scope of the national economy, which incorporates different spheres of activity. In case of crimes related to illegal practice of financial activity this subject-matter is composed of social relations covering the entrepreneurial activity. Ultimately, we shall mention that the identification of social relations affected by the committed crime involves truthful and consistent application, by the law enforcement bodies, of the provision set forth by Article 2411 of the Penal Code of the Republic of Moldova.

Keywords

• generic subject-matter
• subgroup subject-matter
• national economy
• entrepreneurial activity
• financial activity
• financial means