IMPLICATIONS OF GOOD FAITH REGARDING DECEPTION OFFENSES (ARTICLE 244 OF THE NEW CRIMINAL CODE)

• Main Author: Mirela Carmen DOBRILĂ
• Format: Article
• Language: English
• Published: Technopress 2015-06-01
• Series: Journal of Public Administration, Finance and Law
• Subjects: deception offenses; article 244 of the new romanian criminal code
• Online Access: http://www.jopafl.com/uploads/issue7/IMPLICATIONS_OF_GOOD_FAITH_REGARDING_DECEPTION_OFFENSES.pdf

This paper aims at capturing the connections between deception and good faith underlying the trust between people and which requires compliance with certain requirements for the proper conduct of normal patrimonial relations, which should be governed by a fair and honest behavior, with no intention to deceive. The deception offense in Article 244 of the New Romanian Criminal Code is regulated as a novelty in this code in the section on offenses against property by disregarding trust. Although it has been traditionally reviewed in the legal literature as part of the offenses against property committed by fraud, the choice of the Romanian legislator to regulate the misinterpretation in this chapter shows us, even from the initial stage, that there is a connection between perpetration of deception attracting criminal liability and the good faith, as a notion that has a moral content with applications also in the criminal law.