URMĂRILE PREJUDICIABILE ALE PSEUDOACTIVITĂŢII DE ÎNTREPRINZĂTOR: PROBLEME DE INTERPRETARE ŞI ÎNCADRARE

Nina SÎRBU Catedra Drept Penal şi Criminologie

Rezumat

The offense regarded by the 242nd article of the Penal Code of Moldova results necessarily in causing a criminal damage. Therefore, the determination of criminal consequences of false entrepreneurial activity is a priority not only for the reason to capture the actual degree of social danger of the act, but especially for assessing the scope of criminal liability. That is why in this study we focused on identifying features of the legal nature and content of the 242nd article of the Penal Code of Moldova. The taken exegesis, allowed us to conclude that the false entrepreneurial activity and its consequences are not related by a causal link, but thought a functional one. For these reasons, we put forward arguments on inadmissibility of the current content of the 242nd article of the Penal Code of Moldova, and proposed solutions to improve the quality of this norm.