Some Considerations on Deceit Offense in the Romanian Criminal Law. Implications in Business Law

In the present study we have examined the constitutive content of the fraud offense in the light of the provisions of the new law. Against the backdrop of controversy in doctrine and judicial practice, we have insisted upon mentioning and summarizing the incriminations which in their essence constitute special forms of the crime of deception, such as: insurance fraud, misappropriation of public auctions, illegally obtaining funds and offense stipulated in art. 181 of the Law no. 78/2000. Last but not least, we have presented some opinions expressed in the recent doctrine, as well as Decision no. 4/2016 of the CCCJ, the competent body to hear the appeal in the interest of the law. The novelty of the study relates to the examination of the constitutive content of the offense of deceit, with direct reference to doctrine and judicial practice in the matter, references to the offenses that constitute the special forms of this crime, the decision of the Supreme Court, and the implications of this crime in the environment business. The work may be useful for students of law faculties as well as for theoreticians and practitioners of criminal law. This research continues the research in this field, which will be materialized by the publication of a criminal law course, the special part.