The dissipation of a bank assets by its administrator in the administration process: legal and criminal implications

The present scientific approach is dedicated to the elucidation of the social and legal essence of the act of wasting the bank’s goods by its administrator in the administration process, criminalized in para.3) art.197 of the Criminal Code of the Republic of Moldova, identifying the factual modalities and the premises that were the basis of the diversification of criminal liability for such an act, as well as its delimitation from some related criminal acts. The author came to the conclusion that the act of wasting goods committed by the bank administrator with regard to the bank’s assets, meets the features of a crime in the business field, not only because of the qualified subject, but more importantly, the ambience in which the crime is committed – the exercise of service duties and the realization of the corporate social interest in the process of managing a business, which involves many more responsibilities and risks, especially in the financial-banking field.