2014

In this study, the author analyzes the rationale behind the new criminal offenses established by Article 239, paragraphs 1 and 2, of the New Criminal Code. The rationale and content of equivalent criminal provisions are presented from a comparative law perspective. The author criticizes the overly general wording of the provision, which applies to any purchase of goods or services, given that some merchants can protect themselves without the need for criminal law intervention on their behalf.
    
Keywords: breach of trust, breach of trust through defrauding creditors, civil law relationships, creditor protection