THE CONCEPT OF PATRIMONY AND COMMON ASPECTS OF OFFENCES AGAINST PATRIMONY REGULATED BY THE CRIMINAL LAW

• Main Authors: MONICA POCORA, MIHAIL-SILVIU POCORA
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2012-05-01
• Series: Challenges of the Knowledge Society
• Subjects: patrimony protection; offence; comparative law
• Online Access: http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_017.pdf

This study aims to analyze in detail the concept of patrimony and then, will identify the common aspects of all offences against patrimony regulated by the actually Criminal Law. We presented elements of meaning of “patrimony” term, stipulated both by Criminal Law and Civil Law, under this point of view, it can be observed that incriminating the offences against patrimony, the Criminal Law takes into account the illicit action of offender and not the juridical position of victim. Continuing the conceptual analyze of “patrimony”, we highlight although the Constitutional provisions. As regarding the common aspects of offences against patrimony, we presented a classification of these crimes, based on identity of material element, as well as result of some foreign criminal legislation (for example, the Italian Criminal Law, French Criminal Law).