The offense of breach of trust by defrauding creditors is a crime of result
The author exposes a different opinion regarding the possibility to prosecute a person under the article 239 of the Criminal Code. Given that the debtor’s patrimony modifies in time (fluctuations of assets and liabilities), a creditor can suffer damages in its own patrimony only after the debt itself becomes certain, liquid and especially due and only the malicious actions of the debtor mitigation heritage taken after this moment can be classified as crimes.
A contrary opinion would lead to abuses and such malicious intentions would be almost impossible to be proven.
Source: Silvia Uscov, Published on Juridice.ro (in Romanian)
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