Articolul 250 din Codul penal român. Infracțiunea de efectuare de operațiuni financiare în mod fraudulos
Article 250 of the Romanian Criminal Code. The crime of fraudulently making financial transactions

Summary/Abstract: The author proposes in the present material a presentation of the crime of fraudulent financial operations provided for by Romanian legislation in art. 250 of the Criminal Code with reference to the new provisions in the matter of Law no. 207/2021 for the amendment and completion of Law no. 286/2009 on the Criminal Code, as well as for the disposition of measures to transpose Directive (EU) 2019/713 of the European Parliament and of the Council of April 17, 2019 on combating fraud and counterfeiting in relation to non-cash and replacement means of payment of the Council's Framework Decision 2001/413/JAI. The analysis of the legal text is presented both from the doctrine and from the judicial practice in Romania, being inserted the conclusions of the decisions consulted in the field. Two decisions of the Bucharest Court of Appeal are presented regarding the offense provided for by art. 250 of the Criminal Code with reference to art. 360 of the Criminal Code which generated the referral to the High Court of Cassation and Justice of Romania in order to resolve and pronounce on the controversial legal issues invoked such as the decisions of the supreme court regarding the legal issues under analysis. Other relevant and definitively binding decisions related to art. 250 of the Criminal Code issued by the Romanian Supreme Court are also mentioned.

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