SEMNELE SECUNDARE ALE LATURII SUBIECTIVE ÎN CAZUL INFRACȚIUNILOR PREVĂZUTE LA ART. 238 CP RM: ASPECTE TEORETICE ȘI PRACTICE

Abstract

In the context of Article 238 of the Criminal Code of the Republic of Moldova, the purpose appears as a mandatory element, being a special one, while the motive constitutes an optional element. In the text of the incriminating norm, we find three hypotheses of expressing the initial purpose pursued by the perpetrator when presenting false information to the victim, which creates certain discussions both among scholars and regarding the lack of uniformity reflected in judicial practice. A distinct aspect of this crime is the necessity of achieving the primary purpose; otherwise, it will be considered an attempt at one of the offenses provided for in Article 238 of the Criminal Code of the Republic of Moldova. On the other hand, the final purpose of the offenses provided for in Article 238 of the Criminal Code of the Republic of Moldova is the temporary use of the financial means representing the amount of the obtained credit or loan, and the omission of demonstrating this fact generates errors in qualification.