Oportunitatea excluderii asiguratorului din cercul victimelor prevăzute la art. 238 din Codul penal al Republicii Moldova [Articol]

Abstract

The economic crime phenomenon constitutes a significant obstacle to the normal development of the market economy, affecting its stability and functioning. In this context, the role of the legislator becomes essential in establishing appropriate legal-criminal instruments for the prevention and sanctioning of acts which, by their nature, are likely to harm the national economy. The victim of the offence, in general, and of the offences provided for in Article 238 of the Criminal Code of the Republic of Moldova is the holder of the infringed social values. The victim of the offence is the subject of the (criminally protected) social relations against whom the perpetrator directs the harmful act and, where applicable, suffers the harmful consequence. We argue that in cases where compensation or insurance indemnity is obtained through deception, the perpetrator aims to permanently deprive the insurer of financial means by appropriating the compensation or indemnity received. Therefore, the perpetrator seeks the goal of unlawful appropriation, not the temporary use of the obtained funds. This research also proposes, as reference models, the legislation of other states that have adopted a different approach to the criminalization of such acts.