CONDUITE INFRACȚIONALE ÎN DOMENIUL BANCAR. RELAȚIA DINTRE FRAUDA INFORMATICĂ, EFECTUAREA DE OPERAȚIUNI FINANCIARE ÎN MOD FRAUDULOS ȘI INFRACȚIUNILE DE DELAPIDARE ORI GESTIUNE FRAUDULOASĂ
CRIMINAL DEEDS IN THE BANKING FIELD. THE RELATIONSHIP BETWEEN COMPUTER FRAUD, MAKING FRAUDULENT FINANCIAL OPERATIONS AND THE OFFENCES OF EMBEZZLEMENT OR FRAUDULENT MANAGEMENT

Summary/Abstract: In this article, the authors try to clarify the legal classification of different criminal deeds in the bankingfield. Having as a premise the legal nature of the funds available in a bank account and the identification ofthe holders of certain property rights in regard to them, the authors proceeded to an analysis of differenthypotheses encountered in the jurisprudence. Thus, the following behaviors were analyzed in this article:fraudulent transfer of funds by the bank clerk through the use of banking applications; fraudulent transfer offunds by the bank clerk through the unauthorized use of the Internet Banking service provided for a client;cash withdrawal from the counter by the bank clerk; making a fraudulent withdrawal of cash from the ATMby the bank clerk; making a fraudulent payment over the Internet by the bank clerk; fraudulent liquidationof bank accounts by the bank clerk; granting a fraudulent bank loan followed by misappropriation of funds;fraudulent issuance of prepaid cards followed by misappropriation of the funds stored on them; appropriationof sums of money received by the bank clerk for the purpose of making a cash deposit.The conclusion was that, regardless of the possibility of retaining offenses such as unauthorized accessto a computer system, computer forgery or traditional forgery, the main controversy concerns the problematiclegal relationship between the offence of computer fraud or fraudulent financial transactions and the offenceof embezzlement.

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