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The penal responsibility for the credit crimes


Author: Svetlana Prodan
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2007
Scientific adviser: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 26 October, 2007
Approved by NCAA on the 20 December, 2007

Abstract

Adobe PDF document – 0.20 Mb / in romanian

Thesis

CZU 343.37

Adobe PDF document 1.09 Mb / in romanian
194 pages

Keywords

credit crimes, credit, credit activity, credit system, financial institution, commercial bank, fraud

Summary

Thesis in question is dedicated to the scientific investigation of the problems of the penal responsibility for the fraudulent receipt of credit and the violation of credit rules. On the grounds of using methods of the comparative jurisprudence, inductive logics, as well as the systemic method, the author researched credit crimes as a phenomenon of legal reality. The notion of credit is treated related to actual necessities of penal protection of national economy. Basing herself on analysis of financial indicators of all the commercial banks of Republic of Moldova, the author explains causes of credit crimes. Also, she gives convincing arguments in order to demonstrate necessity of incrimination of credit deeds.

There was used a plenty of normative sources and learned works of our and foreign authors as well. As a result of the carried out research work, the author demonstrated the essence of the credit crimes in their legal aspect, disclosed the contents and the essence of the constitutive elements of these crimes. It gave her the possibility to form different suggestions and conclusions, considered to be obligatory for our penal doctrine.

The author contributed to the penal science with her own scientific proposals concerning perfection of the Moldavian Criminal Law. Attention is called to correct interpretation of the norms establishing responsebility for those deeds, aiming at creation of effective conditions to apply them into practice. Also, those results, which were obtained, can be applied both in the activity of the legal authorities and in the educational process and further scientific research.