Înșelăciunea - controverse
Fraud - controversies

Summary/Abstract: This article proposes an overview analysis of the relationship between the crime of fraud and various institutions of civil law. Thus, after reviewing some brief historical considerations regarding the evolution of the criminalization of this antisocial act, the focus is on the existing interferences between fraud and the concept of deceit in civil law, through the lens of identified differences and similarities. In the end, some examples from the activity of courts are presented, where we identify an overlap that is more or less problematic. The relationship between the crime of fraud and non-performance under contracts is discussed next, thus representing the main subject of this paper. Therefore, the following are presented: the evolution of the criminalization of fraud within a contractual framework, from its initial recognition as a criminal act to the present, similarities, differences, and doctrinally identified criteria that can assist in delineating it from the sphere of civil wrongdoing. Subsequently, the analysis continues with the in-depth examination of specific, problematic hypotheses of interference between the two institutions, through constant reference to judicial suitability of misleading, in relation to the professional victim, the element of chance- contractual risk – present in contracting activities carried out by banking units, and the actual nature of the efforts made in fulfilling conventionally assumed obligations, as an essential element of good faith. In conclusion, as the study wraps up, the sale of someone else s property is addressed to observe whether and under what conditions this can shape the typicality of fraud, along with the proposal regarding the extension of the protection offered by the incriminating norm and the immoral or illicit relations between parties, through the lens of the patrimonial loss caused by a misdirection, suffered by one of the legal subjects involved.

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