Aspects regarding economical infractions or those with consequences in the economical domain-fiscal

• Author: Diana Cirmaciu - Loreley Emese Mirea
• Position: Candidate to Ph. D lecturer. University of Oradea, Law Faculty - Judge Hall
• Pages: 75-79

75

ASPECTS REGARDING ECONOMICAL INFRACTIONS OR

THOSE WITH CONSEQUENCES IN THE ECONOMICAL DOMAIN-

FISCAL

Candidate to Ph. D lecturer Diana Cîrmaciu

University of Oradea, Law Faculty

diana.cirmaciu@rdslink.ro

Judge Hall Loreley Emese Mirea

Abstract:

To delimit the economical infraction some necessary measures must

been taken, complex measures which regarding organization and

administration of the society, in its full state of mind even for the public

power that must be put in the citizens hands.

The main tasks of the competent public organs regarding to the

efficient fight against economical-financial infractions should aim:

- realizing the most important directions in this matter;

- the recognition of the new social-economical realities;

- ranging and execution of the necessary measurements.

Key words: economical infraction, fiscal evasion, manifestation

form, punishments.

The economical infractions or those which have economical

consequences represent harmful phenomena, with grand effect on our

economical social lives; so that all these must be fought through efficient

legal economical measures.

The legal practice sometimes offers explanations of the same law

problems- this is a situation created even by the complexity of the presented

phenomena (so can be considered an economical crime near fiscal evasion,

washing money, even closing a bag deal or work negligence, etc.).

The economical infractions or the ones which have economical

consequences are found in the Penal Code; (ex: energy theft131 -art. 208

131 C.A. Craiova, Penal domain, decision No. 930 from 07.07.2004 – energy theft – TV

signal – economical value – the actions of the defendant to obtain TV signal with the help

of an improvised installation constitutes elements of infractions mentioned by art. 208

paragraph 2 reported by art. 208 paragraph 1 Penal Code, because the video signal

represents an electromagnetic energy which can be measured, the measure unity being

MHz; this energy has a determined economical value, mainly determined by the cost of

production, of preparation and transmitting of the signal.

Through penal judgment No. 6087/16 December 2003, Judge’s Office Targu Jiu, based on

art. 11 point 2, latter a) reported to art. 10 latter b) Penal procedure judged the defendant