Forgery from the Point of View of Criminal Illicitness, Putative Deeds and Disregarding Fides Publica

Author:Pocora Monica - Mihail Silviu Pocora
Position:Senior Lecturer, PhD, Danubius University of Galati - PhD in progress, 100 Petru Vulcan Street, Constanta, Romania
, Mihail-Silviu POCORA
Abstract: Forger y by its nature, always harms the trust that people are forced to have and need to
grant one another in the relati ons among themselves or which they should show for the thi ngs usually
considered as the expression and evidence of truth. While for the offenses committed by violation of
trust, this is the rule applied intu itu personae, taking into account the personal condition of the person
to whom trust is granted, in forgery crimes trust is given in rem, meaning to the thing per se perceived
as being the expression of truth. Thus, we are not in front of a violation of trust given to certain
people, b ut in front of the trust granted to the thing which is assumed legally the characteristic of
expressing the truth, but truth which has been altered. This paper aims to be an interdisciplinary
approach, starting from the c riminological meaning rendered to public trust and up to its legal effects
produced, set into criminal or extra-criminal c ontent, an approach derived f rom applying the method
of observation.
Keywords: documents; banknotes; crime; public trust
1. Introduction
Without a minimum of mutual trust, the fulfillment of human relations would be
constantly hindered, lack of trust dictating everywhere to perform investigations,
check statements and accept guarantees. Basically, it is common for the two forms
of trust to meet one another in the developing of a criminal activity; in such cases,
one has to distinguish between the circumstances where that activity constitutes a
single crime and the circumstances where there are several crimes at the same time.
Usually, in such cases one can resort to objective means, int ended to inspire trust,
so as to obtain more easily the granting of personal trust, which could have been
obtained even without these means, but harder. Whenever the objective means
Senior Lecturer, PhD, Danubius University of Galati, 3 Galati Boulevard, 800654 Galati, Romania.
Tel. : +40. 372. 361. 102, fax: +40. 372. 361. 290. Corresponding author: monicapocora@univ-
danubius. ro.
PhD in progress, 100 Petru Vulcan Street, Constana, Romania. Tel: +40. 241. 558. 700 . +40. 732.
600. 169. E-mail: silviupocora@yahoo. com.
AUDJ, vol. 9, no. 2/2013, pp. 118-123
Forgery from the Point of View of Criminal
Illicitness, Putative Deeds and Disregarding
Fides Publica

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