EIRP Proceedings, Vol 7 (2012)

Abstract

The author tackles the problem of competition between penal norms and non-penal norms in the process of defending the order of right against the illegality related to crediting process. The interference of penal right spheres and the ones of other branches of law (firstly the civil right) is specific for the process of defending against the economic offences. Or, to obtain and grant a credit firstly constitute the settlement object of the civil law. The author analyzes different situations and underlines that the civic responsibility doesn’t automatically exclude the possibility of applying the penal responsibility. Also, the „banking” responsibility that is specific to the banking law is analyzed and its relation with the other responsibilities is revealed. The author comes to the conclusion that it is not necessary to un-incriminate the deeds stipulated in art.238 and 239 of the Criminal Code of Republic of Moldova. An evident social necessity for juridical-penal defense of the rights and interests of honest participants at crediting relations exists. The existence and application of these norms represent a guarantee of preventing and combating the illegalities related to crediting, characterized by a high prejudicial level, that are committed by the dishonest participants. The prejudicial level is the criterion that permits the application by itself either of the „banking” responsibility or penal responsibility. In the same time, each of the specified juridical responsibility forms may be accompanied by the civic responsibility.