URMĂRILE PREJUDICIABILE ÎN CAZUL INFRACŢIUNII DE ESCROCHERIE: ANALIZĂ DE DREPT PENAL

Igor BOTEZATU Catedra Drept Penal şi Criminologie

Rezumat

The examination of the prejudicial consequences, managed in different swindling cases, shows that, correlating to the moment of the criminal activity black out the attempt of swindling may conclude the following hypothesis: a) is performed only the adjacent activity – fraud or abuse of trust, but the main action remains steady – the illicit obtaining of immobile foreign wealth; b) the adjacent activity is performed, also does the partial of the main action: dispossession does not induce putting into possession. As well, the crime of swindling object is the one to ascertain the essence and the exterior form of the crime prejudicial consequences itself. The pursuit of the delimitation of the offence of swindling and the offence prevented at art.196 PC RM, we must specify the following: only the effective patrimonial prejudice is in order to characterize the offence of swindling prejudicial consequences; withstanding of, in art.196 PC RM offence case, the prejudicial consequences express themselves toward the effective patrimonial prejudice and throughout the lost income as well. Likewise, is important to mention about, that in time of the offence of swindling qualification the patrimonial prejudice is the prejudice to make reference to. The moral prejudice can’t be referred to the prejudicial consequences generated by the offence prevented at art.190 PC RM.