Forgery and Fraud Offenses in Romanian Law

Authors

  • Ion Rusu Danubius University
  • Bogdan Birzu Danubius University
  • Ioana Rusu “Dimitrie Cantemir” Christian University

Abstract

The present paper is a brief analysis of the crimes included in the group of counterfeiters in Romanian law. In the analysis, we have insisted on highlighting the tradition of incriminating this kind of deeds, a tradition that materialized in the provision of this group of crimes starting with the Criminal Code of 1864, continuing with the Criminal Code Charles II and the Criminal Code of 1969. Regardless of the political regime, the Romanian legislator continued to defend through criminal law these values, which in their essence led to increasing the trust of citizens in documents issued by state institutions or documents emanating from other entities. Out of the desire to present a paper through which we examine the current legal provisions, we have also considered highlighting the amendments and completions brought to some incriminating texts in Chapter I by Law no. 207/2021. The paper will be included in a criminal law course to be published in the future in volume IV at Universul Juridic Publishing House. Given the addressed topic, the paper may be useful to students of the country's faculties, as well as to practitioners in the field.

References

The Romanian Constitution.

Criminal Code.

Code of Criminal Procedure.

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 relation to cashless and replacement means of payment of Council Framework Decision 2014/413/JHA, published in the Official Monitor of Romania, Part I, no. 720 of July 22, 2021.

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 2014/413/JHA.

E.G.D. no. 78 of November 16, 2016, for the organization and functioning of the Directorate for the Investigation of Organized Crime and Terrorism, as well as for the modification and completion of some normative acts, published in the Official Monitor of Romania, Part I, no. 938 of November 22, 2016, approved by Law no. 120/2018 on the approval of the E.G.D. no. 78/2016 for the organization and functioning of the Directorate for the Investigation of Organized Crime and Terrorism, as well as for the modification and completion of some normative acts, published in the Official Monitor of Romania, Part I, no. 472 of June 7, 2018;

Vintilă Dongoroz in Vintilă Dongoroz (scientific consultant; title VII; final provisions; coordinator of the entire volume), Kahane, Siegfried; Oancea, Ion; Fodor, Iosif; Iliescu, Nicoleta; Bulai, Constantin; Stănoiu, Rodica; Roșca, Victor (1972). Explicatii Teoretice ale Codului Penal Roman, vol. IV, Partea speciala/Theoretical Explanations of the Romanian Criminal Code, vol. IV, Special part. Bucharest: Ed. Academiei Romane.

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Published

2021-11-30

How to Cite

Rusu, I. ., Birzu, B., & Rusu, I. (2021). Forgery and Fraud Offenses in Romanian Law. Acta Universitatis Danubius. Juridica, 17(3). Retrieved from https://dj.univ-danubius.ro/index.php/AUDJ/article/view/1661

Issue

Section

Studies and Articles