Owning devices for Counterfeiting Values

  • Bogdan Birzu

Abstract

The paper is an analysis of the crime of possession of instruments in order to falsify values, being structured in a way that allows the identification of essential elements necessary to understand the examination both theoretically and practically.

The examination includes the pre-existing conditions of the crime, the objective side, the subjective side, normative forms and modalities, legislative precedents, transitional situations, as well as an introductory part where we discussed and accentuated the recent changes in the criminalization text and the European normative determined to amend the original indictment text.

The paper is part of volume IV of a university course to be published by a recognized publishing house in the field of legal sciences in the country.

Given the way it is written and the depth of the examination, we appreciate that it can be useful to the students of the profile faculties in the country, as well as to the practitioners in the field.

References

The Romanian Constitution;
Penal Code;
Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting in relation to cashless payments and replacing Council Framework Decision 2001/413 / JHA published in the Official Journal of the European Union L 123/18 of 10.5.2019;
Law no. 207/2021 for the amendment and completion of Law no. 286/2009 on the Criminal Code, as well as on measures to transpose Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting in connection with non-cash and non-cash means of payment replacement of Council Framework Decision 2001/413 / JHA, published in the Official Gazette of Romania, Part I, no. 720 of July 22, 2021;
Vintilă Dongoroz in Vintilă Dongoroz (scientific consultant; title VII; final provisions; leader and coordinator of the entire volume), Siegfried Kahane, Ion Oancea, Iosif Fodor, Nicoleta Iliescu, Constantin Bulai, Rodica Stănoiu, Victor Roșca, Theoretical Explanations of the Romanian Criminal Code, vol. IV, Special Part, Romanian Academy Publishing House, Bucharest, 1972;
M.I.Papadopolu commentary, in Const. G. Rătescu, I. Ionescu-Dolj, I. Gr. Periețeanu, Vintilă Dongoroz, H. Aznavorian, Traian Pop, Mihail I. Papadopolu, N. Pavelescu, CAROL II CRIMINAL CODE, Annotated, vol. II, Part Special I, art. 184-442, Ed. Librăriei SOCEC & Co., S.A., Bucharest, 1937.
Published
2021-12-31
Section
Studies and Articles