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Considerations Related to the Incrimination and the Forensic Investigation of the Crime of Illegal Obtaining of Funds in the Romanian Legislation

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  • Adrian Cristian MOISE

    (Spiru Haret University of Bucharest, Bucharest, Romania)

Abstract

The study makes an in-depth analysis of the main aspects related to the incrimination and the forensic investigation of the crime of illegal obtaining of funds in Romanian law system. The offence of illegal obtaining of funds is stipulated by the Article 306 of the Romanian Criminal Code, while Article 18¹ of the Law no. 78/2000 for the prevention, detection and sanctioning of corruption provides the offence of illegal obtaining of funds, obtained from the general budget of the European Union or from the budgets administered by it or on its behalf. The crime of illegal obtaining of funds is incriminated in Article 306 of the Romanian Criminal Code in a standard variant and in an aggravated variant and the crime of illegal obtaining of European funds is incriminated in Article 18¹ of the Law no. 78/2000, in a standard variant, in an assimilated variant and in an aggravated variant. The study also makes an analysis on the incrimination of the crime of illegal obtaining of funds at the level of the European Union, more precisely in the Directive 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law and the Convention on the protection of the European Communities’ financial interests from the year of 1995 We emphasize that this study makes a presentation and an analysis on some essential aspects related to the process of the forensic investigation of the crime of illegal obtaining of funds.

Suggested Citation

  • Adrian Cristian MOISE, 2021. "Considerations Related to the Incrimination and the Forensic Investigation of the Crime of Illegal Obtaining of Funds in the Romanian Legislation," RAIS Journal for Social Sciences, Research Association for Interdisciplinary Studies, vol. 5(1), pages 20-28, May.
    • Handle: RePEc:smo:jornl1:v:5:y:2021:i:1:p:20-28
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