The Issue of Competition between Penal Norms and Nonpenal Norms in the Process of Defending the Order of Right Against the Illegality Related to the Crediting Process
The author tackles the issue of competition between penal norms and nonpenal norms in theprocess of defending the order of right against the illegality related to the crediting process. The interferenceof penal right spheres and the ones of other branches of law (firstly the civil right) is specific...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Danubius University
2012-05-01
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| Series: | EIRP Proceedings |
| Subjects: | |
| Online Access: | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/1420/1220 |
| _version_ | 1818163336698658816 |
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| author | Svetlana Prodan Anatolie Donciu |
| author_facet | Svetlana Prodan Anatolie Donciu |
| author_sort | Svetlana Prodan |
| collection | DOAJ |
| description | The author tackles the issue of competition between penal norms and nonpenal norms in theprocess of defending the order of right against the illegality related to the crediting process. The interferenceof penal right spheres and the ones of other branches of law (firstly the civil right) is specific for the processof defending against the economic offences. Or, to obtain and grant a credit firstly constitute the settlementobject of the civil law. The author analyzes different situations and underlines that the civic responsibilitydoesn’t automatically exclude the possibility of applying the penal responsibility. Also, the „banking”responsibility that is specific to the banking law is analyzed and its relation with the other responsibilities isrevealed. The author comes to the conclusion that it is not necessary to unincriminate the deeds stipulated inart.238 and 239 of the Criminal Code of Republic of Moldova. An evident social necessity for juridical-penaldefence of the rights and interests of honest participants at crediting relations exists. The existence andapplication of these norms constitus a guarantee of preventing and combating the illegalities related tocrediting, characterized by a high prejudicial level, that are commited by the dishonest participants. Theprejudicial level is the criterion that permits the application by itself either of the „banking” responsibility orpenal responsibility. In the same time, each of the specified juridical responsibility forms may beaccomapnied by the civic responsibility. |
| first_indexed | 2024-12-11T16:47:57Z |
| format | Article |
| id | doaj.art-bf6446b024e146b1b8720ef56443d206 |
| institution | Directory Open Access Journal |
| issn | 2067-9211 2069-9344 |
| language | English |
| last_indexed | 2024-12-11T16:47:57Z |
| publishDate | 2012-05-01 |
| publisher | Danubius University |
| record_format | Article |
| series | EIRP Proceedings |
| spelling | doaj.art-bf6446b024e146b1b8720ef56443d2062022-12-22T00:58:10ZengDanubius UniversityEIRP Proceedings2067-92112069-93442012-05-01717785The Issue of Competition between Penal Norms and Nonpenal Norms in the Process of Defending the Order of Right Against the Illegality Related to the Crediting ProcessSvetlana ProdanAnatolie DonciuThe author tackles the issue of competition between penal norms and nonpenal norms in theprocess of defending the order of right against the illegality related to the crediting process. The interferenceof penal right spheres and the ones of other branches of law (firstly the civil right) is specific for the processof defending against the economic offences. Or, to obtain and grant a credit firstly constitute the settlementobject of the civil law. The author analyzes different situations and underlines that the civic responsibilitydoesn’t automatically exclude the possibility of applying the penal responsibility. Also, the „banking”responsibility that is specific to the banking law is analyzed and its relation with the other responsibilities isrevealed. The author comes to the conclusion that it is not necessary to unincriminate the deeds stipulated inart.238 and 239 of the Criminal Code of Republic of Moldova. An evident social necessity for juridical-penaldefence of the rights and interests of honest participants at crediting relations exists. The existence andapplication of these norms constitus a guarantee of preventing and combating the illegalities related tocrediting, characterized by a high prejudicial level, that are commited by the dishonest participants. Theprejudicial level is the criterion that permits the application by itself either of the „banking” responsibility orpenal responsibility. In the same time, each of the specified juridical responsibility forms may beaccomapnied by the civic responsibility.http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/1420/1220child abusesexual abuseprophylaxis |
| spellingShingle | Svetlana Prodan Anatolie Donciu The Issue of Competition between Penal Norms and Nonpenal Norms in the Process of Defending the Order of Right Against the Illegality Related to the Crediting Process EIRP Proceedings child abuse sexual abuse prophylaxis |
| title | The Issue of Competition between Penal Norms and Nonpenal Norms in the Process of Defending the Order of Right Against the Illegality Related to the Crediting Process |
| title_full | The Issue of Competition between Penal Norms and Nonpenal Norms in the Process of Defending the Order of Right Against the Illegality Related to the Crediting Process |
| title_fullStr | The Issue of Competition between Penal Norms and Nonpenal Norms in the Process of Defending the Order of Right Against the Illegality Related to the Crediting Process |
| title_full_unstemmed | The Issue of Competition between Penal Norms and Nonpenal Norms in the Process of Defending the Order of Right Against the Illegality Related to the Crediting Process |
| title_short | The Issue of Competition between Penal Norms and Nonpenal Norms in the Process of Defending the Order of Right Against the Illegality Related to the Crediting Process |
| title_sort | issue of competition between penal norms and nonpenal norms in the process of defending the order of right against the illegality related to the crediting process |
| topic | child abuse sexual abuse prophylaxis |
| url | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/1420/1220 |
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