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Delitos Contra La Fe Pública - Comparacion Entre El Derecho Espanol Y El Derecho Rumano

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Delitos Contra La Fe Pública - Comparacion Entre El Derecho Espanol Y El Derecho Rumano
INTRODUCCIÓN

El codigo penal de cada pais debe de contener una seccion sobre los delitos contra la fe publica. Tanto Espana como Rumania no hacen ninguna excepción. En el Codigo Penal Español, esta rubrica es nombrada “De las falsedades” y en el Codigo Penal Rumano, “Crímenes y delitos contra la fe publica”.

El bien jurídico tutelado es la fe pública. La Fe es un valor abstracto que significa confianza, creencia fundada en las seguridades o la consideración que algo o alguien inspira. Pero en la fe pública, es la confianza o creencia que cualquier miembro del grupo social tiene en lo que se entrega o muestra, por la certeza que de ello da el Estado. Se considera innegable la necesidad de tutelar la confianza colectiva en determinados actos, documentos, signos o símbolos indispensables para el normal desenvolvimiento de la vida civil. Asi como redacto el legislador desde antiguo, nada dice respecto del bien jurídico protegido: este ha de descubrirse en los diferentes delitos y es al analizar cada uno de ellos cuando se aprecia que la protección que dispensan guarda siempre relacion con el trafico jurídico.

En el Titulo XVIII del Codigo Penal Español con agrupadas varios delitos que, por encima de sus diferencias evidentes, responden a la idea de simulación, pues en todos ellos se castiga a quien, de un modo u otro, presenta como real, como autentico, como legitimo, como ajustado a la verdad algo que carece de tales rasgos. Estos delitos son: “Falsificación de moneda”, “Falsificación de efectos timbrados”, “Falsedades documentales en general”, “Falsedad por imprudencia”, “Falsificación de documentos publicos, oficiales o mercantiles cometida por particular”, “Utilización de documento falso”, “Falsificación y uso de despacho telegrafico”, “Falsificación de documentos privados”, “Utilización de documento privado falso”, “Usurpación de Estado civil”, “Usurpación de funciones publicas”.

Ademas te estos delitos, el Codigo Penal Rumano, en su Capitulo III

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