ÎNȘELÃCIUNEA PRIVIND ASIGURÃRILE ÎN NOUL COD PENAL

The author carries out a detailed analysis of the legal content of the insurance fraud offense, as provided for in Art.245 of the new Criminal Code as an assimilated and aggravated version of the deception offense. Regarding the structure of this offense, the criminal protection object, the subjects, the objective and subjective side, the forms, procedures and sanctions provided by law are reviewed in detail. The explanations discuss the insurance deception links to other offences relating to insurance and certain procedural aspects. The preceding legislation of this indictment rule, the solutions to be followed in case of transitional situations and some elements of comparative law are subsequently presented. Also, the author does not hesitate to state his point of view with regard to the constituent content of this criminal act, its systematization, its character and to frame in this regard certain solutions and certain ideas of his own. In the end, this analysis gives several conclusions and proposals of future law to determine an appropriate protection of the values „and social relationships covered by this indictment, a uniform implementation of the text and thus a better criminal justice administration in Romania.