The generic legal object and the subgroup legal object of the offenses provided in art. 238 of the Criminal Code

Abstract

In the present study is identified the generic legal object and the subgroup legal object of the offenses provided in art. 238 of the Criminal Code of the Republic of Moldova. It is noted that the generic legal object of these offenses is the economy of the Republic of Moldova, as well as the social relations related to this value. It is revealed that by law, the named offenses have the same generic legal object when they are expressed in obtaining, from the insurer, an insurance compensation or indemnity, through fraud. However, the acquisition of insurance compensation or indemnity by fraud should form the content of a separate norm, and relocated in the content of Chapter VI ”Crimes against patrimony” of the special part of the Criminal Code (along with fraud crimes). It is also noted that the offenses provided in art. 238 of the Criminal Code of the Republic of Moldova are listed among criminal acts that possess the same subgroup legal object, on the basis of which they are dissociated from other economic offenses, which form other subgroups.