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3 Table of Contents the Ethic – a Modern Way to Prevent TABLE OF CONTENTS THE ETHIC – A MODERN WAY TO PREVENT THE ILLICIT ACTIVITIES ........ 7 Avram Laurentia Georgeta UNSOLICITED COMMERCIAL MESSAGES – ACCURATE REALITY OF THE NOWADAYS INFORMATIONAL SOCIETY .................................................. 13 Basarabescu Georgeta EXCHANGING CONTRACTS END TRADING MECHANISM ON FUTURES MARKETS IN ROMANIA .......................................................................................... 23 Bologa Gabriela, Rosca (Agape) Maria ABOUT CORRUPTION WITHIN THE PUBLIC-PRIVATE PARTNERSHIP......... 30 Bora Alexandrina Augusta THE PENAL PROTECTION POSIBILITY OF THE EU’S FINANCIAL INTERESTS BY MEANS OF CRIMINAL LAW ....................................................... 38 Boroi Alexandru CRIMINALITY IN THE BUSINESS FIELD .............................................................. 50 Bosca - Rath Laura Dumitrana FUNDS EMBEZZLEMENT WITHIN THE EUROPEAN COMMUNITIES BUDGETS .................................................................................................................. 555 Casuneanu Ionut REGULATION FOR INFRACTIONS OF ABUSE IN SERVICE AND CORRUPTION IN THE PENAL FRENCH LEGISLATION ..................................... 60 Chirila Angelica, Soos Alina TAX PARADISES – THE COVER-UP FOR „LEGAL” TAX DODGING AND MONEY LAUNDERING.THE SWITZERLAND CASE .................................. 73 Chirila Angelica, Soos Alina THE DOCTRINARIAN CHARACTERIZATION OF DECEPTION IN CONVENTIONS .......................................................................................................... 80 Cimpoeru Andreea INFRINGEMENTS AGAINST THE PATRIMONY IN THE ITALIAN LEGISLATION…………………………………………………………………..85. Cimpoeru Andreea THE DELIMITATION OF THE INFRINGEMENT OF DECEPTION THROUGH INFRINGEMENT CHECK OF EMISSION OF CHECK WITHOUT COVERING (ART. 84 PCT 2 FROM LAW NO. 59/1934)…………………………………….90 Cimpoeru Andreea ASPECTS REGARDING ECONOMICAL INFRACTIONS OR THOSE WITH CONSEQUENCES IN THE ECONOMICAL DOMAIN-FISCAL ............................. 94 Cirmaciu Diana, Mirea Loreley Emesse THE CURRENCY AND THE MONEY ...................................................................... 99 Cret Vasile, Pantea Dumitra Madalina THE ORIGIN OF BUSINESS IN EUROPE AND AMERICA ................................. 110 Cret Vasile, Pantea Dumitra Madalina 3 JURIDICAL ANALYSIS FROM THEORETICAL AND PRACTICAL POINT OF VIEW OF THE BANK CREDIT CONTRACT ......................................................... 117 Dumitrescu Aida Diana THE CRIMINALITY IN BUSINESSES – ORGANIZED CRIME AND FOREIGN AFFAIRS .................................................................................................................... 122 Ganea Sebastian Nicolae A FEW CONSIDERATIONS REGARDING THE CRIMINAL OFFENCE OF SMUGGLING ............................................................................................................. 133 Iancu Nicolaie, Nemes Gheorghe Viorel PENAL ACTION AND CIVIL ACTION IN BANKRUPTCY’S OFFENCE CASE 138 Ivan Gheorghe THE OBJECT AND THE CONTENT OF THE REPORT OF FISCAL LAW, PREMISE CONCEPTS IN THE JURIDICAL FRAMING, THE INVESTIGATION AND TRIAL OF THE OFFENCE OF TAX DODGING ........... 147 Luha Vasile MONEY LAUNDERING – AN INTERNATIONAL PHENOMENON ................... 154 Lutescu Dan, Bucur Catalin THEORETICAL AND PRACTICAL ASPECTS REGARDING CONTRAVENTIONS ................................................................................................ 159 Mandra Marius MODERN SYSTEMS USED IN THE PROCESS OF TURNING TO ACCOUNT TRACES IN THE CASE OF CRIMINAL OFFENCES IN THE BUSINESS FIELD ......................................................................................................................... 166 Mihut Elena Ana PARTICULARITIES OF THE INFORMATICS CRIMINALITY INVESTIGATION ...................................................................................................... 173 Mihut Elena Ana, Truta Ioan CONSIDERATIONS REGARDING TO THE CONTROL OF THE COMBATING OF THE DISCRIMINATION OF THE NATIONAL MINORITIES .............................. 178 Mirea Loreley Emese, Cirmaciu Diana JUDICIAL ASPECTS ON MONEY LAUNDERING ............................................... 185 Modiga Georgeta THE CRIMINALITY RATE REGARDING THE DRUGS ILLICIT TRAFFIC AND CONSUMPTION .............................................................................................. 202 Octovescu-Frasie Cristina THE PRINCIPLES AND GENERAL RULES OF THE INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS ........................................ 209 Pop Oana Mihaela THE DEFICIENCIES OF THE INFORMATION OFFERED BY THE PRESENT FINANCIAL SITUATIONS REGARDING THE HUMAN RESOURCES ............. 218 Popa Cristina Liliana INSURANCE FRAUD ............................................................................................... 225 Popa Elena 4 COMPARATIVE STUDY REGARDING THE DELINQUENT CRIMINAL AND CIVIL RESPONSIBILITY ......................................................................................... 234 Popoviciu Laura Roxana, Popoviciu Nicolae Calin GENERAL ASPECTS AND PARTICULARITIES OF THE OFFENCES IN THE BUSINESS FIELD ..................................................................................................... 243 Popoviciu Laura Roxana, Judeu Viorina Maria COMPUTER CRIME - A THREAT TO THE INFORMATIONAL SOCIETY ....... 248 Radu Ioan, Ursacescu Minodora, Sendroiu Cleopatra, Cioc Mihai LEGISLATION ON TRAFFICKING AND CONSUMPTION OF ILLICIT DRUGS IN THE NETHERLANDS ........................................................................... 257 Radu-Sultanescu Valentin BRIEF HISTORY OF THE EVOLUTION ISSUE OF PROTECTION OF FINANCIAL INTERESTS OF THE EUROPEAN UNION ...................................... 266 Totolici Genica WAYS TO PROTECT AGAINST FRAUD BY THE BANKS FROM LENDING TO INDIVIDUALS .................................................................................................... 273 Troaca Victor THE PROTECTION OF THE CREDIT INSTITUTIONS AGAINST MONEY LAUNDERING .......................................................................................................... 279 Troaca Victor SOCIO-JURIDICAL ASPECTS CONCERNING THE SEGMENT OF POPULATION IMPRISONED IN ORADEA PENITENTIARY FOR HAVING TRANSGRESSED THE LAW IN THE BUSINESS FIELD ..................................... 287 Tica Gabriel, Ilea Ioan, Lele Dan MONEY LAUNDERING ........................................................................................... 305 Urziceanu Ramona Mihaela THE ACKNOWLEDGEMENT OF THE MONEY LAUNDERING SUSPICIOUS TRANSACTIONS ...................................................................................................... 312 Urziceanu Ramona Mihaela, Ganea Sebastian Nicolae THE FORCED SIGNATURES AND WRITINGS AND CRIMINALISTIC IDENTIFICATION IN ECONOMICAL INFRACTIONALITIES……………320 Vaida Hadrian, Şerfezeu Nicolae, Moş Călin THE NATURE OF LEGAL REPORT BETWEEN THE ADMINISTRATOR AND THE TRADING COMPANY …………………………………………… 327 Radu-Gheorghe Florian 5 6 THE ETHIC – A MODERN WAY TO PREVENT THE ILLICIT ACTIVITIES Candidate to Ph.D lecturer Laurenţia Georgeta Avram Spiru Haret University [email protected] Abstract: The business from the financial field must submit to a great volume of the new legal obligations which wants to attract them in a network of the secure and control system and their goal is to detect the money washing and the finance of the terrorist activities, when they appear, and to stop the law breakers to obtain the incomes from the illicit activities. Keywords: ethic, money washing, legal. The business from the financial field must submit to a great volume of the new legal obligations which wants to attract them in a network of the secure and control system and their goal is to detect the money washing and the finance of the terrorist activities, when they appear, and to stop the law breakers to obtain the incomes from the illicit activities. The money washing is a process which gives or tries to give a legality appearance of some profits obtained illegal by the law breakers who benefit after that by those incomes, without to be compromised. This dynamic process is evolved in three phases: obtaining and moving the funds obtained directly or indirectly from the malpractice, hiding the traces or the origin the incomes to avoid any suspicious or investigations, and, finally, to available the money and their reinvest in the legal activities. 1) In the initial phase or embarking the money washing, the law breaker includes his illegal profit in the financial system. It can be done through divided the big amount of money into smaller ones which are directly deposited into a bank account or using in buying some financial instruments (cheques, the order tickets etc.). 2) After the entrance the funds in the financial system, it takes place the second phases – stratification. In this phase, the law breaker does some conversion or moving the funds to estrange more by the provenience source, the more used way being the electronic transfer in a series of accounts in the different banks from all over the world. There are preferable these geographical zones or jurisdictions 7 which do not cooperate with the investigation organs specialised in combating this law-breaking phenomena. 3) After two money washing phases, the law breaker or law-breaking group pass to the third phase – integration –when the funds come into a legal economical circuit. The money washer can invest the legal funds on the real market, on the luxury goods or in the business. The all-three phases can be distinct evolved, but it can take place simultaneous or, frequent
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