The Problem of Competition between Penal Norms and Non-penal Norms in the Process of Defending the Order of Law against the Illegality Related to Crediting Process

• Author: Prodan Svetlana - Donciu Anatolie
• Position: PhD, Senior Lecturer, Chair of Penal Sciences, University of European Studies from Moldova, Republic of Moldova - PhD, Docent, Chair of Penal Sciences, University of European Studies from Moldova
• Pages: 77-85

Legal Sciences

77

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The Issue of Competition between Penal Norms and Nonpenal Norms in the

Process of Defending the Order of Right Against the Illegality Related to

the Crediting Process

Svetlana Prodan

1

, Anatolie Donciu

2

Abstract: The author tackles the issue of competition b etween penal norms and nonpenal norms in the

process of defending t he order of right against the illegality related to the crediting process. The interference

of penal right s pheres and the ones of other branches of law (firstly the civil right) is specific for the process

of defending against the economic offences. Or, to obtain and grant a credit firstly constitute the settlement

object of the civil law. The author a nalyzes different situations and u nderlines that the civic responsibility

doesn’t automatically exclude the pos sibility of applying the penal responsibility. Also, the „banking”

responsibility that is specific to the b anking law is analyzed and its relation with t he other responsibilities is

revealed. The author comes to the conclusion that it is not necessary to unincriminate the deeds stipulated in

art.238 and 239 of the Cr iminal Code of Republic of Moldova. An evident social necessity for juridical-penal

defence of the rights and interests of honest participants a t crediting relations exists. The existence and

application of these norms constitus a guarantee of preventing and combating the illegalities related to

crediting, characterized by a high prejudicial level, that are commited by the dishonest participants. The

prejudicial level is the criterion that permits the application by itself either of the „banking” responsibility or

penal responsibility. In the same time, each of the s pecified juridical responsibility forms may be

accomapnied by the civic responsibility.

Keywords: child abuse; sexual abuse; prophylaxis

In a civil society, guided by the principles of the rule of law, where there persists the separation of

powers and full respect of the fundamental rights and freedoms, the law is called to contribute to

making full use of all physical and spiritual features of a human b eing. Society no longer stands at one

pole of a contradiction and the in dividual is not thrown to the other pole. After V. Dzodiev, the civil

society incorporates in itself a lot of relationships that are not mediated by the state between the free

an equal individuals, acting in the market economy. We believe t hat this definition covers not the civil

society as a whole, but only its “social linchpin”, consisting of a relationship of a private nature. In

reality, within the movement of the individual towards the society and the society to the individual, the

state cannot be left aside.

The amplification and the increased protection of the rights of members of the Moldovan society is a

way to ensure, by law, the improvement of the actual contents of the relationship individual - state -

society. There is an increasing demand for solving cases of competition between rules belonging to

different branches of law that protect the same rights of the members of the society. In the context of

this study, a problem of particular interest is the investigation of criminal procedures and rules of

competition in the defense of non-criminal legal order against illegalities related to crediting.

1

PhD, Senior Lecturer, Chair of Penal Sciences, University of European Studies from Moldova, Republic of Moldova,

Corresponding author: prodan.s@mail.ru.

2

PhD, Docent, Chair of Penal Sciences, University of European Studies from Moldova, e-mail: donciua@yahoo.com.