Fraud Management in the Romanian Criminal Law. Direct Implications in Business Environment
Fraud Management in the Romanian Criminal Law. Direct Implications in Business Environment

Author(s): Ioana-Minodora Rusu
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: offense; preexisting elements; constitutive content;
Summary/Abstract: In this paper we have investigated the fraudulent management offense, taking into account the provisions of the new Criminal Code. In this review, we have insisted on the constitutive content of the offense, the elements of differentiation between the rules in force and those laid down in the Criminal Code of 1969, as well as the transitional situations. We have also highlighted the continuation of the tradition of Romanian law, a tradition which implies the incrimination of this fact starting with the adoption of the first Romanian Criminal code of the modern period, namely the Criminal Code of 1864. We have also insisted upon presenting the implications of this crime in the business environment, emphasizing the need to prevent and combat this crime more effectively, contributing to increasing mutual trust in the business environment and, implicitly, to increasing confidence in the Romanian state institutions. The novelty elements are represented by the examination carried out in accordance with the new law, as well as the presentation of the judicial practice in the matter. The work is a small part of the criminal law course, the special part to be published at the Universul Juridic Publishing House at the beginning of next year. This paper may be useful to the business environment, law faculty students, and practitioners in the field.

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