Part I

Emilian STANCU, Ph.D. in Law, Professor, Corina DRAGOMIR, Ph.D. candidate, Frauds Commited by Electronic Means of Payment in the New Criminal Code
Although among the declared objectives of the new Criminal Code there is the creation of a coherent legal framework in criminal matters by avoiding overlapping existing rules in force in curent Criminal Code and in special criminal laws, in our  opinion, the purpose has not been achieved, at least regarding the frauds committed by electronic means of payment.

This is because the new regulation does not include all existing offences in the special criminal law (Law 365/2002). Thus, the new Criminal Code does not prevenr forgery in statements in order to issue or use electronic means of payment, as well as the aggravated crime provided in the 3rd paragraph of article 24 and in the 4th paragraph of article 27 in Law 365/2002. This creates controversies over the implicit anulement of those  offences.

All those and the fact that, according to the new Criminal Code, Romania is tot have one of the kindest regimes in Europe with regard to the quantum of penalties despite a high rate of such offences, leads us to the conclusion that the current legislation is better than the envisaged one.

Keywords: electronic payment tool, fraud, card, new Criminal Code

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