Acta Universitatis Danubius. Administratio, Vol 11, No 2 (2019)

Abstract

The object of this scientific study is represented by the comparative analysis between the
critical-legal perspective of the element of differentiation between the two incriminations,
respectively of the crime of capital market manipulation and of the crime of deception. The result of
this approach consists in obtaining a better delimitation of the object of incrimination of the crime of
capital market manipulation and of the crime of deception, aspects that practitioners can discover
when drafting a better legal implementation of a concrete offense. The conclusion is that the crime of
capital market manipulation, due to particular elements, although apparently a form of deception, is
an independent crime against the business environment, being a practical application of the principle
of law specialia generalibus derogant.