Novelty elements regarding to offences against property passing-by trust

• Author: Monica Pocora - Mihail-Silviu Pocora - Dragu Cretu - Tache Bocaniala
• Position: Ph.D. Lecturer, 'Danubius' University of Galati - Ph.D. Candidate, 'Al. I. Cuza' Police Academy - Ph.D. Lecturer, 'Danubius' University of Galati - Ph.D. Lecturer, 'Danubius' University of Galati
• Pages: 212-213

NOVELTY ELEMENTS REGARDING TO OFFENCES AGAINST PROPERTY P ASSING-BY TRUST

Monica Pocora

Mihail-Silviu Pocora

Dragu Creu

Tache Bocnial

Abstract

Law No. 286/2009

1 ha s adopted New Cr iminal Code which introduces many novelty elements, among

some offences against property passing-by tr ust. In this r egard, is neces sary to rea lize some steps to clarify the

concepts and str ucture, for correctly using by the practitioner s.

Key words: abuse, ba nkruptcy, patr imonial exploitation, fraud .

Introduction

Generally, the problems occured by offences aga inst property, were often subject of atte ntion criminal

law specialists. Offences aga inst property ar e those which, along the offences against per son, affect directly a nd

immediately the individual inter ests. This fact was destined to cause a n increase o f investigation a ctivity of this

offences category. Although, the case law is substa ntial in this matter, ther e is the tendency to determine various

controversies, pointed out by those involved in justice administration a nd sometimes disjointed by theorists.

The problems occured by offences against pr operty can not b e considered exhausted and a new research

is adequate owing to problems complexity, observed in connection about them.

Inclusively the structure of title including incriminations created in order to protect individual property

is subject to controversy.

In olden Romanian doctrine was proposed the recognition of three categories of offences against

property: theft facts (theft, robbery, piracy and concealment), facts realized by fraud (offences such as, breach of

trust, fraudulent mana gement, fraud, peculation and acquiring the found asset) and the facts of arbitrariness

(offences such as, destruction, disturbance of ownership)2. The result is corresponding to some foreign3 criminal

law; the offences against property know other systematization4.

For example, t he Italian Criminal law distinguishes offences against property as based on violence

against person or assets, or is based on fraud.

Faced with this situation, both the Romanian legislator since 2009 has chosen to abandon monolithic

structure of the title, offences against property and opted for a systematization of incriminatio n rules of Title II of

Special Part of new Criminal law, in four Chapters. The systematization was based on facts situations that can be

found assets, as a patrimonial entity, and depending on illicit actions character or nature that can change these

facts situations, but regardless of their owner. These chapters are: Chapter I, which defines theft offences,

Chapter II includes robbery offence in first paragraph, qualified robbery and piracy, Chapter III includes

incriminations o f some offences against property which were committed passing-by trust, in Chapter IV were

included property fraud committed by IT systems and electronic ways of payment and Chapter V includes

destruction and disurbance of ownership offences. Special Part of New Criminal la w, in Title II, Chapter III, has

an increased interest, because it provides incriminations of some offences against property, which were

committed passing-by trust. Among these, are foun d also offences stipulated b y the Criminal law in force, such

as: breach of trust ( art. 238), fraudulent mana gement, acquiring the found asset and fraud, but also offences

against property, whose illicit actions are based on passing-by trust, namely, breach of trust by creditors frauding

(art. 239), insurances fraud (art. 245), abduction of public auctions (art. 246), and patrimonial exploitatio n of

vulnerable individual (art. 247).

New incriminations are justified in social reality, because they want to punish offences which have

become increasingly frequent in recent years. Regarding abduction of public auctions, the practice of recent

years has proved that, in many cases, the participants at a public auction have used various fraudulent

maneuvers, in order to enstrange from public auction any potential participants thus altering the adjudgement

price.

 Ph.D. Lecturer, “Danubius” University of Galati, monicapocora@univ-danubius.ro

 Ph.D. Candidate, “Al. I. Cuza” Police Academy, silviupocora@yahoo.com

 Ph.D. Lecturer, “Danubius” University of Galati, dragu.cretu@univ-danubius.ro

 Ph.D. Lecturer, “Danubius” University of Galati, tache.bocaniala@univ-danubius.ro

1 Published in the Official Gazzette of Romania, Part I, no. 510 din 24 iulie 2009.

2 V. Dongoroz and colab. , vol. III, p. 449.

3 Jean Pradel, A. Varinard, , 5-ème édition, Dalloz, Paris, 2005.

4 G. Antoniu, , in R.D.P. no. 2/2000, p. 125-168.