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Legal special subject-matter of crimes related to illegal practice of financial activity

The classification of a prejudicial act pursuant to Article 2411 [Illegal Practice of Financial Activity] of the Moldovan Criminal Code depends directly on the accurate determination of the crime objective and subjective constituents. Hence, the special subject-matter of this Study is made up of social relations with respect to the practicing of financial activity under a level playing field, having assumed that the subject concerned has been registered and/or authorised (licensed). Essentially, the licence is a permissive act that entitles the holder to carry out a certain kind of activity, in full or in part, falling under the licensing criteria provided by this Law. Authorisation shall be treated as a permissive act that gives certain activity rights to the economic operator, provided that specific terms and conditions are being met. In this regard, it is worth noting that licence and authorisation are not equipollent. Crimes related to illegal practice of financial activity has no tangible (intangible) subject-matter. Therefore, one may draw the conclusion that the wording „in case of causing material damage” (Article 2411 (1) of the Moldovan Criminal Code) and the wording „for the same action that caused material damage” (Article 2411 (2) of the Moldovan Criminal Code) shall be treated as technical and legal error. Ultimately, we shall mention that the identification of social relations affected by the committed crime involves truthful and consistent application, by the law enforcement bodies, of the provision set forth by Article 2411 of the Moldovan Criminal Code.