ÎNCADRAREA JURIDICĂ A FAPTEI INCULPATULUI CARE, PRIN CONSTRÂNGERE, DETERMINĂ VICTIMA SĂ EFECTUEZE UN TRANSFER BANCAR DIN CONTUL SĂU ÎN CONTUL INCULPATULUI
LEGAL CLASSIFICATION OF THE ACT OF THE DEFENDANT WHO, BY MEANS OF COERCION, INDUCES THE VICTIM TO MAKE A BANK TRANSFER FROM HIE/HER ACCOUNT TO THE DEFENDANT'S ACCOUNT

Summary/Abstract: Today's society is predominantly characterised by dynamism. This dynamism has a significant impact on the sphere of criminal law, in the sense that certain anti-social conduct, by the way it is carried out, the means used and so on, raises serious questions as to the legal framework applicable in a given case. The legislature's intention must therefore be crystallised through the mechanism of interpretation so that the principle of the legality of the offence is strictly observed. This material illustrates the attempt to establish the legal framework relating to the act of one person coercing another to transfer a certain amount of money from his bank account to the perpetrator's bank account. Are we talking, in such a case, about a single complex offence of robbery (Article 233 of the Romanian Criminal Code) or a combination of offences between the offence which constitutes the 'vehicle' of coercion and/or an offence relating to computer crime, such as illegal access to a computer system (Article 360 of the Romanian Criminal Code) and/or fraudulent financial transactions (Article 250 of the Romanian Criminal Code)?

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