Tax Evasion – between Civil and Criminal Law

Establishing the boundaries between the behaviors that constitute tax evasion and those that are outside the criminal law is a subject of maximum interest both for the people called to apply the law, and especially for the litigants. In this article, the authors propose to analyze the relationship b...

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Main Authors: Adriana-Iuliana Stancu, Mihaela Agheniței
Format: Article
Language:English
Published: Danubius University 2023-10-01
Series:Journal of Danubian Studies and Research
Subjects:
Online Access:https://dj.univ-danubius.ro/index.php/JDSR/article/view/2574/2628
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author Adriana-Iuliana Stancu
Mihaela Agheniței
author_facet Adriana-Iuliana Stancu
Mihaela Agheniței
author_sort Adriana-Iuliana Stancu
collection DOAJ
description Establishing the boundaries between the behaviors that constitute tax evasion and those that are outside the criminal law is a subject of maximum interest both for the people called to apply the law, and especially for the litigants. In this article, the authors propose to analyze the relationship between tax evasion and payment due. Over time, a non-unitary practice at the level of judicial bodies has formed around it, capable of generating confusion. The authors believe that some problems are placed in the litigious-fiscal area, coming out of the authority of the criminal law. In support of this opinion, arguments regarding the requirement of the typicality of the deed both on the subjective and objective side, as well as on the need to apply the criminal law as an ultima ratio, are presented at length.
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spelling doaj.art-d9f425fec10f4acc986effcffd0373e12023-11-13T09:55:04ZengDanubius UniversityJournal of Danubian Studies and Research2284-52242023-10-01131141159Tax Evasion – between Civil and Criminal LawAdriana-Iuliana Stancu0Mihaela Agheniței1“Dunarea de Jos” University of Galati“Dunarea de Jos” University of GalatiEstablishing the boundaries between the behaviors that constitute tax evasion and those that are outside the criminal law is a subject of maximum interest both for the people called to apply the law, and especially for the litigants. In this article, the authors propose to analyze the relationship between tax evasion and payment due. Over time, a non-unitary practice at the level of judicial bodies has formed around it, capable of generating confusion. The authors believe that some problems are placed in the litigious-fiscal area, coming out of the authority of the criminal law. In support of this opinion, arguments regarding the requirement of the typicality of the deed both on the subjective and objective side, as well as on the need to apply the criminal law as an ultima ratio, are presented at length.https://dj.univ-danubius.ro/index.php/JDSR/article/view/2574/2628practicepayment duecriminal lawcivil lawconfusion
spellingShingle Adriana-Iuliana Stancu
Mihaela Agheniței
Tax Evasion – between Civil and Criminal Law
Journal of Danubian Studies and Research
practice
payment due
criminal law
civil law
confusion
title Tax Evasion – between Civil and Criminal Law
title_full Tax Evasion – between Civil and Criminal Law
title_fullStr Tax Evasion – between Civil and Criminal Law
title_full_unstemmed Tax Evasion – between Civil and Criminal Law
title_short Tax Evasion – between Civil and Criminal Law
title_sort tax evasion between civil and criminal law
topic practice
payment due
criminal law
civil law
confusion
url https://dj.univ-danubius.ro/index.php/JDSR/article/view/2574/2628
work_keys_str_mv AT adrianaiulianastancu taxevasionbetweencivilandcriminallaw
AT mihaelaaghenitei taxevasionbetweencivilandcriminallaw