ANALIZA JURIDICO-COMPARATIVĂ A REGLEMENTĂRILOR PRIVITOARE LA INFRACŢIUNEA DE ESCROCHERIE

Igor BOTEZATU Catedra Drept Penal şi Criminologie

Rezumat

In the framework of this study is concluded that in the German Penal Law, as in the Swiss one, the fraud notion is widely perceived. Respectively, it is continuing to mislead those in the domain. We pleaded repeatedly that in the Penal Code of the USA, understood as a representative one, swindling is a concept hypotactic to the defalcation notion. At the same time, the following are pointed out to be the swindling (im)material object: immobile wealth, electricity, different services and other patrimonial goods. We consolidate the thesis about the swindling offence in the French Penal Code meaning, considered as a manifestation of illicit appropriation. Still it is alongside defalcation. It is emphasized that the partial take over of swindling regular type from the Russian Penal Law has negative after-effects on the following translation and fair application of art.190 PC RM. As well, it is stipulated that in the Romanian and in the Bulgarian Penal Laws, the concept of fraud corresponds to the concept of swindling from the national Penal Law. A single exception to carry out: in the understanding of those two acts, the notion of swindling characterizes the offence implemented in the art.196 from the Penal Law of Republic of Moldova.