The Analysis of the Capital Market Offences

Abstract

Law no.297/2004 regarding the Capital market is a non-criminal law which regulates a special area – the Capital market and its financial instruments – but in order to ensure the unity in settling the aspects related to the Capital market, it has been necessary to include criminal provisions. Thus, the lawmaker used a distinctive legislative technique from the criminal rules, by comprising some divided provisions, which fill out with the content of other provisions from the law text expressly mentioned. This legislative technique has been criticized by the doctrine, being considered to give raise to confusions. Still, in the content of the indictment provisions comprised in title X of the law, we can identify the common constituent elements of the offences regarding the Capital market.