PARTICULARITĂŢILE SUBIECTULUI INFRACŢIUNII PREVĂZUTE LA ART.242 CP RM – „PSEUDOACTIVITATEA DE ÎNTREPRINZĂTOR”

Nina SÎRBU Catedra Drept Penal şi Criminologie

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When analyzing the content of the 242nd article of the Penal Code, it’s simple to understand that there are no explicit requirements regarding the special qualities of the subject of false entrepreneurial activity. At the same time, given the legal nature of the offense taken in sight, we cannot deny that in addition to the circumstances of responsibility and age, the individual offender is defined by specific criteria. Then again, its identification is an issue of great difficulty. This leads us to different opinions regarding the scientific dilemma taken in discussion. This far, our scientific approach is oriented on finding concrete answers and to fully reveal those characteristics that define the subject of this complex economic crime. The particular analysis of the material element, when talking about the subject of the offense, described by the 242nd article of the Penal Code, leads us to conclude that the firm founder is not only the individual, but also any company entity.