Unlike the current Criminal Code, in force since January 1st 1969, which expressly regulates the fraud in conventions offence in art. 215, para. (3), the new Romanian Criminal Code (Law no. 286 of June 25th 2009) regulates the offence of fraud in art. 244, without explicit reference to the hypothesis of committing the offence of fraud in conventions, or to that of check fraud. The article examines the situation of the fraud in conventions offence in the new Criminal Code and the manner in which the norm for incriminating acts of fraud must be interpreted in this Code's vision, by taking into consideration the fact that the offence of committing fraud is regulated in a distinct chapter regarding offences against patrimony committed through the disregard of trust, as well as by taking into account the fact that the amendments to the norm of incrimination of acts of deceit are likely to raise the issue of recognition/non-recognition of the continued existence of a distinct offence of fraud in conventions and to raise discussions on the conditions to be satisfied by this. Although there are opinions maintained in the sense that the offence of fraud in conventions is no longer incriminated in the new Criminal Code, to which we manifest our disagreement, the article aims to show that the existence of the offence of fraud in conventions should also be admitted under the new Criminal Code, the only interpretation we can admit being that in the sense that this form of deceit will represent a factual means of committing the offence of fraud regulated by art. 244.
展开▼
