OBIECTUL INFRACŢIUNII DE ESCROCHERIE (art. 190 CP RM)
In the following research, it is argued on the being of the generic judicial object prevented in art.190 PC RM. That the generic judicial object is represented not by the patrimonial social relationships, or by the social relationships as regards property, but it is represented by the social relati...
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| Format: | Article |
| Language: | English |
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Moldova State University
2009-12-01
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| Series: | Studia Universitatis Moldaviae: Stiinte Sociale |
| Online Access: | https://ojs.studiamsu.md/index.php/stiinte_sociale/article/view/4045 |
| _version_ | 1797951597339213824 |
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| author | USM ADMIN |
| author_facet | USM ADMIN |
| author_sort | USM ADMIN |
| collection | DOAJ |
| description |
In the following research, it is argued on the being of the generic judicial object prevented in art.190 PC RM. That the generic judicial object is represented not by the patrimonial social relationships, or by the social relationships as regards property, but it is represented by the social relationships as regards property. It is proved that, in the swindling offence assumption, the penal defense of social relationships as regards wealth ownership is possible only in subsistence with the penal defense of social relationships as regards freedom of will and the minimum of trustworthy. It is pointed out that the right of considering foreign wealth – movable or immovable – is not exactly the object to influence the character of the offence prevented in art.190 PC RM. As well, it is concluded that art.196 PC RM takes effect when it is about illicit obtaining of immovable foreign wealth through fraud or abuse of trust (only if material damages are ample). Art.190 PC RM cannot be applied in this case.
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| first_indexed | 2024-04-10T22:34:11Z |
| format | Article |
| id | doaj.art-905b15245cc94d4da89be88bf8bebc44 |
| institution | Directory Open Access Journal |
| issn | 1814-3199 2345-1017 |
| language | English |
| last_indexed | 2024-04-10T22:34:11Z |
| publishDate | 2009-12-01 |
| publisher | Moldova State University |
| record_format | Article |
| series | Studia Universitatis Moldaviae: Stiinte Sociale |
| spelling | doaj.art-905b15245cc94d4da89be88bf8bebc442023-01-16T16:01:59ZengMoldova State UniversityStudia Universitatis Moldaviae: Stiinte Sociale1814-31992345-10172009-12-018OBIECTUL INFRACŢIUNII DE ESCROCHERIE (art. 190 CP RM)USM ADMIN In the following research, it is argued on the being of the generic judicial object prevented in art.190 PC RM. That the generic judicial object is represented not by the patrimonial social relationships, or by the social relationships as regards property, but it is represented by the social relationships as regards property. It is proved that, in the swindling offence assumption, the penal defense of social relationships as regards wealth ownership is possible only in subsistence with the penal defense of social relationships as regards freedom of will and the minimum of trustworthy. It is pointed out that the right of considering foreign wealth – movable or immovable – is not exactly the object to influence the character of the offence prevented in art.190 PC RM. As well, it is concluded that art.196 PC RM takes effect when it is about illicit obtaining of immovable foreign wealth through fraud or abuse of trust (only if material damages are ample). Art.190 PC RM cannot be applied in this case. https://ojs.studiamsu.md/index.php/stiinte_sociale/article/view/4045 |
| spellingShingle | USM ADMIN OBIECTUL INFRACŢIUNII DE ESCROCHERIE (art. 190 CP RM) Studia Universitatis Moldaviae: Stiinte Sociale |
| title | OBIECTUL INFRACŢIUNII DE ESCROCHERIE (art. 190 CP RM) |
| title_full | OBIECTUL INFRACŢIUNII DE ESCROCHERIE (art. 190 CP RM) |
| title_fullStr | OBIECTUL INFRACŢIUNII DE ESCROCHERIE (art. 190 CP RM) |
| title_full_unstemmed | OBIECTUL INFRACŢIUNII DE ESCROCHERIE (art. 190 CP RM) |
| title_short | OBIECTUL INFRACŢIUNII DE ESCROCHERIE (art. 190 CP RM) |
| title_sort | obiectul infractiunii de escrocherie art 190 cp rm |
| url | https://ojs.studiamsu.md/index.php/stiinte_sociale/article/view/4045 |
| work_keys_str_mv | AT usmadmin obiectulinfractiuniideescrocherieart190cprm |