Infracțiuni comise prin file de cec ulterior intrării în vigoare a noului Cod penal
Cheque fraud subsequent to the entry into force of the new Criminal Code

Summary/Abstract: The present article analyses the main problems related to cheque fraud subsequent to the entry into force of the new Criminal code. Specifically, there are three categories of offences taken into consideration: fraud using cheques, the criminal provisions of Article 84 from Law no 54/1934 on cheque, and cheque forgery.The approach is meant to be a comparative one (former law – new law), without taking the more favourable law into consideration, but rather establishing the correct legal classification of deeds provided by the criminal law and committed after the entry into force of the new Criminal code. Within this framework, the case law formed under the former law, as well as the scholar studies dedicated to the new and the former Criminal codes will be analysed.Apart from expressing some personal opinions regarding this matter, the author aims to report some serious problems regarding the predictability of the law and the contradictory case law under the former Criminal code.Unfortunately, this issue has not been exhaustively addressed after the entry into force of the new Criminal Code, and the author of the present article wishes to draw attention on these categories of offences which are frequently committed and which bring insecurity to the business environment in Romania.

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