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Exploatarea patrimonială a unei persoane vulnerabile în noul Cod penal

The author makes an in-depth analysis as to the legal content of the offence of patrimonial exploitation of a vulnerable person, set out under Article 247 of the new Criminal Code, under two criminalisation variants, a simple one and an aggravated variant.

As to the structure of this offence, the author examines in detail the object of the criminal safeguard, the subjects of the offence, actus reus and mens rea, the forms, the modalities and the penalties laid down by the legislation.

The relations between the offence of patrimonial exploitation of a vulnerable person and other offences, as well as certain procedural aspects are addressed under the complementary explanations. Furthermore, the legislative precedents of this criminalisation norm are presented, in conjunction with the solutions to be adopted where certain transitional situations occur, as well as certain comparative law elements.

At the same time, the author has no reluctance in expressing his stance as to the constitutive content of this criminal offence, its systematisation, its feature, and in putting forward his own solutions and ideas in this regard.

To the end of this analysis, several conclusions and de lege ferenda proposals are put forward, in order to determine an adequate safeguard of the social values and relations aimed at by this criminalisation, a unitary application of the text and, consequently, a better criminal justice rendering in Romania. 

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Bancruta simplă în noul Cod penal

The author makes an in-depth analysis as to the legal content of the offence of simple insolvency, set out under Article 240 of the new Criminal Code, adopted by Law no. 286/2009, making frequent references to the special legislation in the field of trade law.

Furthermore, the author examines the object of the criminal safeguards, the subjects of the offence, actus reus and mens rea, the forms, modalities, penalties and certain aspects related to proceedings, in connection with the offence laid down under Article 240 of the new Criminal Code.

The author has no reluctance in expressing his stance as to the constitutive content of this criminal offence and in putting forward certain solutions and own ideas.