MODELUL DE REGLEMENTARE A RĂSPUNDERII PENALE PENTRU ESCROCHERIE ÎN LEGISLAŢIA UNOR ŢĂRI EST-EUROPENE

Igor BOTEZATU Catedra Drept Penal şi Criminologie

Rezumat

The author conducts a thorough juridical-comparative analysis of the settlements referring the swindle, as stipulated in the legislature of the Ukraine and Bulgaria. The author concludes that the Moldovan criminal law is more flexible and better adapted to the current social reality, comparing to the Ukrainian criminal law. After tracing a parallel between the Criminal Code of Republic of Moldova and the Bulgarian one, regarding the swindle matter, the author considers that the Moldovan Criminal Code should include an incriminatory provision that would refer to the swindle related to insurance. As a model could serve the provision of art.213 of the Criminal Code of Bulgaria that refers to the responsibility for destruction, deterioration and annihilation of the insured good, view to fraud.