Consecințele penale ale vânzării bunului altuia în dreptul român

Abstract

The sale of another person property mainly concerns the civil law and literature. However, there are some criminal offences built on the basis of such operation, made without the owner’s consent. The study analyses, in the first part, the criminal offences which are concerned and the potential justifying causes. We will thus study the breach of trust, fraudulent management, embezzlements, fraud and, from a certain point of view, theft. The main justifying causes which could be claimed are the performance of a right and state of necessity. Since the sale of another person’s property does not concern only the criminal law, the second part of the study will be dedicated to the consequences within criminal procedure, showing the place of the initial owner and that of the person who bought the asset.