SOME ASPECTS REGARDING THE RELATIONSHIP BETWEEN ARTICLE 238 AND ARTICLE 190 OF THE CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA
Andrei STRATAN, Universitatea de Stat din Moldova
Аннотация
The clarification of contradictory aspects in the qualification of legal norms constitutes an essential part of conducting
a criminal-legal investigation of an offense. The offenses stipulated in Article 238 of the Criminal Code of the Republic
of Moldova are no exception, as their complex structure of constitutive elements naturally raises certain questions when
competing with the norm established in Article 190 of the Criminal Code of the Republic of Moldova. Consequently,
forming a comprehensive and clear picture regarding the fight against the phenomenon of the illegal acquisition of credits or loans becomes impossible. It is noteworthy that a fundamental distinguishing element is the subjective aspect,
particularly the special purpose established in Article 238, compared to the pursuit of material gain by the perpetrator in
the case of fraud. Differences are also observed concerning the characteristics of the active and passive subjects in the
two competing offenses.
Keywords: purpose of temporary use, intent for material gain, national economy, credit, loan, compensation,
insurance indemnity, fraud.
