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2020 Penalmente Relevant 10 (2020)

handle is hein.journals/penalrelv2020 and id is 1 raw text is: PENALMENTE RELEVANT CONDUITE INFRACTIONALE IN DOMENIUL BANCAR. RELATIA DINTRE FRAUDA INFORMATICA, EFECTUAREA DE OPERATIUNI FINANCIARE IN MOD FRAUDULOS SI INFRACTIUNILE DE DELAPIDARE ORI GESTIUNE FRAUDULOASA CRIMINAL DEEDS IN THE BANKING FIELD. THE RELATIONSHIP BETWEEN COMPUTER FRAUD, MAKING FRAUDULENT FINANCIAL OPERATIONS AND THE OFFENCES OF EMBEZZLEMENT OR FRAUDULENT MANAGEMENT Lect. univ. dr. Andra-Roxana TRANDAFIR1 Facultatea de Drept, Universitatea din Bucuresti Avocat dr. George ZLATI2 Baroul Cluj ABSTRACT In this article, the authors try to clarify the legal classification of different criminal deeds in the banking field. Having as a premise the legal nature of the funds available in a bank account and the identification of the holders of certain property rights in regard to them, the authors proceeded to an analysis of different hypotheses encountered in the jurisprudence. Thus, the following behaviors were analyzed in this article: fraudulent transfer of funds by the bank clerk through the use of banking applications; fraudulent transfer of funds by the bank clerk through the unauthorized use of the Internet Banking service provided for a client; cash withdrawal from the counter by the bank clerk; making a fraudulent withdrawal of cash from the ATM by the bank clerk; making a fraudulent payment over the Internet by the bank clerk; fraudulent liquidation of bank accounts by the bank clerk; granting a fraudulent bank loan followed by misappropriation of funds; fraudulent issuance of prepaid cards followed by misappropriation of the funds stored on them; appropriation of sums of money received by the bank clerk for the purpose of making a cash deposit. The conclusion was that, regardless of the possibility of retaining offenses such as unauthorized access to a computer system, computer forgery or traditional forgery, the main controversy concerns the problematic legal relationship between the offence of computer fraud or fraudulent financial transactions and the offence of embezzlement. KEYWORDS: bank clerk; embezzlement; bank credit; bank account; computer fraud; financial operations; banking institution; electronic payment instrument; prepaid card. REZUMAT in acest articol autorii incearca sa clarifice incadrarea juridica a anumitor conduite infractionale in domeniul bancar. Avind ca premisa natura juridica a fondurilor disponibile intr-un cont bancar si identificarea persoanelor detindtoare a unor drepturi de proprietatea asupra acestora, autorii au procedat la o analizd de la general la special cu privire la o serie de ipoteze particulare intdlnite la nivelul practicii judiciare. Au fost 1 E-mail: andra.trandafir@drept.unibuc.ro. 2 E-mail: contact@zlati.legal / george.zlati@protonmail.com. 10 NR. I /2020

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