OBIECTUL INFRACŢIUNII DE ESCROCHERIE (art. 190 CP RM)

Sergiu BRÎNZA, Igor BOTEZATU Catedra Drept Penal şi Criminologie

Rezumat

In the following research, it is argued on the being of the generic judicial object prevented in art.190 PC RM. That the generic judicial object is represented not by the patrimonial social relationships, or by the social relationships as regards property, but it is represented by the social relationships as regards property. It is proved that, in the swindling offence assumption, the penal defense of social relationships as regards wealth ownership is possible only in subsistence with the penal defense of social relationships as regards freedom of will and the minimum of trustworthy. It is pointed out that the right of considering foreign wealth – movable or immovable – is not exactly the object to influence the character of the offence prevented in art.190 PC RM. As well, it is concluded that art.196 PC RM takes effect when it is about illicit obtaining of immovable foreign wealth through fraud or abuse of trust (only if material damages are ample). Art.190 PC RM cannot be applied in this case.