DECEPTION OFFENCE. ACQUITTAL SOLUTION. PRESCRIPTION TERM OF THE CRIMINAL LIABILITY
Keywords:deception offence, acquittal solution, prescription of the criminal liability, inadmissible civil action
The Ploiesti Court of appeal changes the legal classification of the crime of deception, provided by art. 244 paragraph 1 of the Criminal Code with applic. art.5 of the Criminal Code, for which the defendants were sent to trial, in the crime provided by art.84 point 2 of Law no.59 / 1934 and orders the termination of the criminal trial against the defendants for the crime provided by art.84 point 2 of Law no.59 / 1934, as a result of fulfillment of the prescription term of criminal liability. Dismisses as inadmissible the civil action of the civil party SC H. P. SRL.
It has not been proved the existence of certain, decisive malicious maneuvers, with a decisive role in determining the representatives of the civil party in the moment of concluding the sale-purchase contract, but, on the contrary, reveals that the parties had previously, for a period of almost 5 years, a good collaboration, in which they developed the same type of commercial relations.
The representatives of the civil party knew that it was no money available in the debtor's account at the time of issuing the cheques by the defendants, and on the other hand, the payment of the goods was not made exclusively by cheques, as stipulated in the contract.
The Court of Appeal also correctly held that the limitation period for criminal liability for the two defendants had expired.
With regard to the civil action, in relation to the Decision no. 43/2008 of the High Court of Cassation and Justice- the United Sections, the Court of appeal did not solve the civil, rejecting it as inadmissible.
The Decision no.653/11.06.2019 of the Court of Appeal from Ploiesti, Case file No. 9643 / 315 / 2017 , unpublished decision
The Decision no.XI/2005 of the High Court of Cassation and Justice- the United Sections,
The Decision no. 43/2008 of the High Court of Cassation and Justice- the United Sections
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