Differentiation between the Crime of Capital Market Manipulation and the Crime of Deception
Keywords:capital market manipulation; crime of deception; business environment
The object of this scientific study is represented by the comparative analysis between the
critical-legal perspective of the element of differentiation between the two incriminations,
respectively of the crime of capital market manipulation and of the crime of deception. The result of
this approach consists in obtaining a better delimitation of the object of incrimination of the crime of
capital market manipulation and of the crime of deception, aspects that practitioners can discover
when drafting a better legal implementation of a concrete offense. The conclusion is that the crime of
capital market manipulation, due to particular elements, although apparently a form of deception, is
an independent crime against the business environment, being a practical application of the principle
of law specialia generalibus derogant.
Beck Publishing House.
Duvac, C. (2012). Înşelăciunea în noul Cod penal/ Deception in the new Criminal Code. Dreptul/The
law, p. 107.
Hotca, M. A., & Dobrinoiu, M. (2009). Elemente de drept penal al afacerilor/ Elements of criminal
business law. C.H. Beck Publishing House.
Loghin, O., & Filipaş, A. (1992). Drept Penal Român. Partea specială/ Romanian Criminal Law. The
special part. Bucharest: Şansa Publishing House.
Pop, C. (2003). Tranzacţii şi pieţe financiare internaţionale/ International financial transactions and
markets. Cluj: Clujeana University Press.
Predescu, O.; Bula, C.; Duvac, C.; Griga, I.; Ivan; Gh.; Mitrache, C.; Molnar, I.; Pascu, I. & Pască, V.
(2010). Explicaţii preliminare ale noului Cod penal/ Preliminary explanations of the new Criminal
Code, volume I. Bucharest: Universul Juridic Publishing House.
The author fully assumes the content originality and the holograph signature makes him responsible in case of trial.