Fraudã informaticã (art. 49, Legea nr. 161/2003). Neacordarea daunelor materiale de instanþa de fond. Daune morale acordate în cazul unei infracþiuni
Author(s): Dan Sebastian Chertes
Computer Fraud (Art. 49, Law no. 161/2003). Refusal of the trial court to grant material damages. Moral damages granted in the case of a patrimony off
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: computer fraud; Law no. 161 of 2003; material damages; moral damages; mutual fault; patrimony offences; concurrence of mitigating circumstances and aggravating circumstances.
Summary/Abstract: This commentary tries to examine some of the issues raised by the case we analyzed. Thus, at first we discussed the fact that the trial court, in determining the punishment, did not take the ongoing nature of the offence into consideration, which could have resulted in a more severe punishment. Furthermore, we discussed the opinion of the majority, an opinion which we do not share, with regard to the fact that decreasing the applicable punishment under the special minimum provided for the offence in question is not mandatory in the case of a concurrence of mitigating circumstances and aggravating circumstances (ongoing offence).
- Issue Year: VIII/2012
- Issue No: 02
- Page Range: 139-154
- Page Count: 16
- Language: Romanian