Implication of the offense of deception, false and use of false in the civil trial

• Author: Adriana Motatu/Ileana Constantinescu
• Pages: 40-44

Implication of the offense of deception, false and use

of false in the civil trial

Lecturer Adriana MOȚATU1

Professor Ileana CONSTANTINESCU2

Abstract

The objectives of our study consist in showing that the offense of deception in

witness testimony during the civil trial by attribution of lying qualities in order to impress

the court, grafted on false and use of false used by the one giving the witness testimony in

the civil trial, false introduced and used by this one on the date of the criminal case trial

which the defendant in the civil trial on moral damages invokes, considering that such

defendant was a defendant in a criminal trial where he/she won with the witness proposed

thereby in the civil moral damages trial, may lead to an erroneous solution in the civil case,

in case the defendant in the civil trial fails to timely notice such things or the courts fail to

corroborate the defendant’s evidence in the civil trial. The research methods consist in

analysis of several court orders. The results of the study lead to the idea that criminal

claims addressed in reference to certain offenses claimed during the civil trial should be

settled under emergency regime, as the implications of certain offenses, like deception in

witness testimony, instigation to deception, false and use of false, on one hand, and failure

to corroborate the defendant’s evidence in a moral damages trial, for instance, on the other

hand, may have serious repercussions on the defendant.

Keywords: witness testimony, lying qualities, false, use of false, appeal in annulment,

false registration.

JEL Classification: K14, K33.

1. Introduction

In our paper, we have proposed to analyze the implications of the offenses of

Deception, incitement to false, deception and use of false in the civil trial. The

interference between criminal and civil law is less approached in the literature and

for this reason, but also because various offenses occur in civil cases, they have

determined us, on the basis of hearings in court rooms of some situations, but also

based on the study of court rulings in civil cases with criminal implications, to

address this issue. Our paper is structured on a number of aspects of crime, false,

and use of False offenses in the civil trial, their implications, and the solutions we

have proposed consist in increasing the vigilance of civil panels, to speed up the

investigation of these crimes in the civil trial, by the criminal investigation bodies,

1 Adriana Moțatu – Bucharest University of Economic Studies, lucianmotatu@gmail.com

2 Ileana Constantinescu – Bucharest University of Economic Studies,

ileanaconstantinescu2017@gmail.com