COMPARISON BETWEEN THE CRIME OF DECEPTION AND THE CRIME OF INFLUENCE PEDDLING

The present article aims to analyse and comment on the problems generated both in theory and in judicial practice by the incidence of the crime of fraud or the crime of influence peddling. As it follows from the cited examples, the contradictory solutions pronounced before the new Criminal Code re...

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Main Author: Alexandru STAN
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2024-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/download/cks_2024_articles%252F1_CKS_2024_CRIMINAL_LAW%252FCKS_2024_CRIMINAL_LAW_016.pdf
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author Alexandru STAN
author_facet Alexandru STAN
author_sort Alexandru STAN
collection DOAJ
description The present article aims to analyse and comment on the problems generated both in theory and in judicial practice by the incidence of the crime of fraud or the crime of influence peddling. As it follows from the cited examples, the contradictory solutions pronounced before the new Criminal Code regarding the choice of the appropriate legal classification, between the two crimes analysed, did not disappear even after 2014. In this sense, we consider that this work is useful for theorists and practitioners, our aim is not only to present and analyse the controversial solutions, but also to propose solutions that, even if they are not fully taken up, can constitute a basis for discussion for future cases. As I have shown in the article, the establishment of the correct legal framework between the two facts provided for by the criminal law is essential, both for the legal order and for the repercussions it may have regarding the main procedural parties and subjects within the criminal process.
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publisher Nicolae Titulescu University Publishing House
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series Challenges of the Knowledge Society
spelling doaj-art-1e528bf1d49449a293c5c6141809f0272025-01-03T01:43:44ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962024-05-01171123130COMPARISON BETWEEN THE CRIME OF DECEPTION AND THE CRIME OF INFLUENCE PEDDLINGAlexandru STAN0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University of BucharestThe present article aims to analyse and comment on the problems generated both in theory and in judicial practice by the incidence of the crime of fraud or the crime of influence peddling. As it follows from the cited examples, the contradictory solutions pronounced before the new Criminal Code regarding the choice of the appropriate legal classification, between the two crimes analysed, did not disappear even after 2014. In this sense, we consider that this work is useful for theorists and practitioners, our aim is not only to present and analyse the controversial solutions, but also to propose solutions that, even if they are not fully taken up, can constitute a basis for discussion for future cases. As I have shown in the article, the establishment of the correct legal framework between the two facts provided for by the criminal law is essential, both for the legal order and for the repercussions it may have regarding the main procedural parties and subjects within the criminal process.http://cks.univnt.ro/download/cks_2024_articles%252F1_CKS_2024_CRIMINAL_LAW%252FCKS_2024_CRIMINAL_LAW_016.pdfcrime of deceptioninfluence peddlingpatrimonycorruptionfraudmisleading
spellingShingle Alexandru STAN
COMPARISON BETWEEN THE CRIME OF DECEPTION AND THE CRIME OF INFLUENCE PEDDLING
Challenges of the Knowledge Society
crime of deception
influence peddling
patrimony
corruption
fraud
misleading
title COMPARISON BETWEEN THE CRIME OF DECEPTION AND THE CRIME OF INFLUENCE PEDDLING
title_full COMPARISON BETWEEN THE CRIME OF DECEPTION AND THE CRIME OF INFLUENCE PEDDLING
title_fullStr COMPARISON BETWEEN THE CRIME OF DECEPTION AND THE CRIME OF INFLUENCE PEDDLING
title_full_unstemmed COMPARISON BETWEEN THE CRIME OF DECEPTION AND THE CRIME OF INFLUENCE PEDDLING
title_short COMPARISON BETWEEN THE CRIME OF DECEPTION AND THE CRIME OF INFLUENCE PEDDLING
title_sort comparison between the crime of deception and the crime of influence peddling
topic crime of deception
influence peddling
patrimony
corruption
fraud
misleading
url http://cks.univnt.ro/download/cks_2024_articles%252F1_CKS_2024_CRIMINAL_LAW%252FCKS_2024_CRIMINAL_LAW_016.pdf
work_keys_str_mv AT alexandrustan comparisonbetweenthecrimeofdeceptionandthecrimeofinfluencepeddling