{"title":"对破坏或浪费银行财产行为的刑事定罪:在必要与过度入罪之间","authors":"Ludmila Negritu","doi":"10.52277/1857-2405.2023.3(66).03","DOIUrl":null,"url":null,"abstract":"In this scientific research, we are interested in the analysis of the criminal norms whose regulatory object is the acts of intentional destruction or waste of the bank’s property by the bank’s administrator, in the administration process, approach carried out through the chain of systematic, critical and comparative interpretation of the relevant provisions. The purpose of the action undertaken is to reveal the need to criminalize the named offenses as a result of the finding of a parallel framework for their criminalization, consequently revealing an excess of criminal regulation due to the “ambiguities” that characterize the incriminating precept, recorded in paragraph (3) art. 197 of the Criminal Code of the Republic of Moldova, located in Chapter VI of the Special Part of the Criminal Code, entitled “Offenses against patrimony”.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"23 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Criminalization of destroying or wasting bank property: between necessity and excess of incrimination\",\"authors\":\"Ludmila Negritu\",\"doi\":\"10.52277/1857-2405.2023.3(66).03\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In this scientific research, we are interested in the analysis of the criminal norms whose regulatory object is the acts of intentional destruction or waste of the bank’s property by the bank’s administrator, in the administration process, approach carried out through the chain of systematic, critical and comparative interpretation of the relevant provisions. The purpose of the action undertaken is to reveal the need to criminalize the named offenses as a result of the finding of a parallel framework for their criminalization, consequently revealing an excess of criminal regulation due to the “ambiguities” that characterize the incriminating precept, recorded in paragraph (3) art. 197 of the Criminal Code of the Republic of Moldova, located in Chapter VI of the Special Part of the Criminal Code, entitled “Offenses against patrimony”.\",\"PeriodicalId\":254422,\"journal\":{\"name\":\"The Journal of the National Institute of Justice\",\"volume\":\"23 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-11-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Journal of the National Institute of Justice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.52277/1857-2405.2023.3(66).03\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Journal of the National Institute of Justice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.52277/1857-2405.2023.3(66).03","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Criminalization of destroying or wasting bank property: between necessity and excess of incrimination
In this scientific research, we are interested in the analysis of the criminal norms whose regulatory object is the acts of intentional destruction or waste of the bank’s property by the bank’s administrator, in the administration process, approach carried out through the chain of systematic, critical and comparative interpretation of the relevant provisions. The purpose of the action undertaken is to reveal the need to criminalize the named offenses as a result of the finding of a parallel framework for their criminalization, consequently revealing an excess of criminal regulation due to the “ambiguities” that characterize the incriminating precept, recorded in paragraph (3) art. 197 of the Criminal Code of the Republic of Moldova, located in Chapter VI of the Special Part of the Criminal Code, entitled “Offenses against patrimony”.