Jurisprudential study in the matter of crimes provided for in art. 238 of the criminal code of the Republic of Moldova

In this scientific approach is carried out a study of judicial practice in the matter of crimes of obtaining credit, loan or insurance compensation/indemnity by fraud. It is stated that the credit documentation cannot constitute a material object of the crimes provided in art. 238 of the Criminal Code of the Republic of Moldova. In the context of these crimes, the credit documentation represents the form of expression of the false information presented by the perpetrator to the victim. Accordingly, the false information appears as a means of committing the crime. The study of the judicial practice in the matter of the offenses provided for in art. 238 of the Criminal Code of the Republic of Moldova highlights another difficulty in interpreting the content of the rule and, consequently, of legal qualification. Specifically, we identify a problem with establishing the content of prejudicial result. According to a first guideline, the extent of prejudicial result is determined by the inclusion of unpaid credit/loan installments and related interest/penalties. However, in the vast majority of analyzed cases, it is claimed that the content of the prejudicial result is equivalent to the amount of the credit/loan obtained.