Abstract:
The purpose of the present investigation is to analyze problems that adversely affect the application of art.190 of the Criminal Code as a result of the entry into
force of Law no.179/2018. Thus, in some cases from the judicial practice, the courts find
the lack of conditions for the application of the para.(1) art.190 of the Criminal Code and
of the art.105 of the Contraventional Code. However, despite this fact, the courts issue
not a sentence of acquittal, but a sentence of termination of the criminal proceeding. In
other cases from the judicial practice, the determination of the considerable nature of the
damages caused by the fraud is made on the basis of criteria that are not provided by the
criminal law, manifestly disagreeing with the provision of para.(2) art.126 of the Criminal Code. In other cases, art. 105 of the Contraventional Code is applied in hypotheses it
does not provide, which is equivalent to applying the contraventional law by analogy.
