Special legal object of the crimes provided in art. 238 of the Сriminal Сode

Abstract

In this scientific approach is carried out the special legal object of the crimes provided in art. 238 of the Criminal Code of the Republic of Moldova. It is stated that the main legal object of the crimes provided in art. 238 of the Criminal Code of the Republic of Moldova is related to the prejudicial act. In opposition, the secondary legal object is related to the prejudicial consequence. When identifying the content of the main legal object of the crimes provided in art. 238 of the Criminal Code of the Republic of Moldova, account must be taken of (i) the quality of the victim of these criminal offences and, implicitly, (ii) their scope of activity. It is revealed that, since the object of criminal protection is opposed to the criminal act, when determining the main legal object of the crimes provided in art. 238 of the Criminal Code of the Republic of Moldova, must be scored on the legal order of obtaining the credit, loan, insurance compensation or indemnity. It is demonstrated that in the case of fraudulent acquisition of the insurance compensation or indemnity, the perpetrator de facto attacks the victim’s patrimony as a fundamental social value. It is revealed that the secondary legal object of the crimes stipulated in art. 238 of the Criminal Code of the Republic of Moldova emerges from the content of the generic legal object of crimes against patrimony.