ESCROCHERIA ȘI DELAPIDAREA AVERII STRĂINE: EFECTELE ADOPTĂRII LEGII NR.179/2018

Abstract

This article includes the analysis of the offences referred to at par.(1) art.190 PC RM and par.(1) art.191 PC RM, addressing the effects of adopting Law No.179/2018. The secondary legal object of the offence stipulated in par.(1) art.190 PC RM is the social relations with regard to the trust and good faith that exist between the parties during the mutual conclusion and execution of a legal act. The authors established that art.190 PC RM only addresses the offence of deception by misleading. The offence of stealing, committed through abuse of trust, can no longer be qualified under art.190 PC RM. The subject of the offence referred to at par.(1) art.190 PC RM, additionally to a party in the conclusion and/or execution of a legal act, may also participate as a third party. The secondary legal object of the offence mentioned in par.(1) art.191 PC RM is the social relations with regard to the trust given by a person during a transfer of assets to another person – on the basis of a title and for a certain purpose – in legitimate possession. The term of “title” used in par.(1) art.191 PC RM has a much more complex meaning than a contract of civil law. Theft committed through abuse of trust (as a result of the entry into force of Law No. 179/2018, it can no longer be qualified under art.190 PC RM) is deprived of the qualification under art.191 PC RM as well. Just as before entring into force of Law No. 179/2018, in accordance with the criminal law in force, the offences referred to in art.190 and art.191 PC RM continue to be offences committed through stealing.

Keywords

• this article includes the analysis of the offences referred to at par.(1) art.190 pc rm and par.(1) art.191 pc rm, addressing the effects of adopting law no.179/2018. the secondary legal object of the offence stipulated in par.(1) art.190 pc rm is the soc