False statements to the insurance company

The Court of Appeal decided that the accused’s deeds of making untruly statements to the insurance company do not meet the constitutive elements of the false in statements criminal offence as in article 292 criminal Code because “the article incriminates the false statements given to one of the state’s institutions of other entities mentioned in article 145 criminal Code, regarding public consequences. It is obvious that the insurance company is not a state institution of other related entities and because we cannot extend the notion of the mandatory civil liability insurance to a public service; the insurance process, even if it is mandatory by law, it is still a strictly commercial activity, as the Supreme Court ruled in many occasions”. This being so, the Court decided that the false statement of the accused consist of nothing but a fraudulent way of deceiving the insurance company.

>> The source : JURIDICE.ro


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