Evolutia reglementarilor privitoare la infractiunea de escrocherie pe teritoriul actual al Republicii Moldova [Regulatory developments regarding the crime of extortion on the present territory of Moldova]

Sergiu Brinza and Igor Botezatu
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Sergiu Brinza: Doctor habilitat in drept, profesor universitar, Universitatea de Stat din Moldova
Igor Botezatu: Doctorand, Universitatea de Stat din Moldova

Jurnalul de Studii Juridice, 2009, vol. 3-4, 141-153

Abstract: The juridico-historical analysis of the settlements regarding the swindle offence is carried out in the framework of the present article. The author reaches the conclusion that the penal norms concerning the fraudulency in the patrimonial domain start to make their appearance only at one time with the dissemination of the contractual rapports, based on the social division of labour, on the money-goods-money relations, on the development of trade and on the other elements of the market economy. It is argued that in the Rule of Vasile Lupu, the fraudulency is based on a rudimentary conception, integrating heterogeneous elements with embezzlement character: concomitantly, the fraudulency is regarded as an act related to theft, as an act which, alongside the theft, will subsequently form (together with other adjacent acts) the generic concept of defalcation. The conclusion that in the process of the elaboration of the in force Penal Code of the Republic of Moldova, the “appropriation” term (having the meaning of “defalcation”) is dropped from the settlement concerning the swindle offence is likewise important. The renunciation is done in favour to the “illicit attainment” collocation. Hereby, the affiliation of the swindle offence with the defalcations’ group is put under the question mark.

Keywords: swindle offence; fraudulency; illicit attainment (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2009
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