Journal of Danubian Studies and Research, Vol 7, No 1 (2017)

Abstract

Fraud crime is particularly complex, especially from the perspective of judicial practice, and often the solutions proposed are considerably different from one case to another. In certain concrete situations, even the separation of the offense of deceit from the tort liability committed for non-fulfillment of contractual obligations. Constantly, in such situations, it was considered that the mere non-performance of a civil obligation cannot have criminal consequences as long as one party has not used deceitful means to persuade the other party to execute the convention on time (Hâj, 2000, p. 351). Thus, deception approaches civil and criminal content, but elements of nuance make the difference.