Aspects regarding the delimitation between the offence of false identity and identity theft

URL: https://dspace.academy.police.md/aspects-regarding-the-delimitation-between-the-offence-of-false-identity-and-identity-theft/

Data: 2026

The correct and effective application of the legal rules contained in the Special Part of the Criminal Code constitutes an essential condition for the administration of justice and for ensuring legality in the activity of law-enforcement bodies. The legal classification of antisocial acts presupposes not only a thorough knowledge of statutory provisions, but also a rigorous capacity to interpret and delimit them in relation to concrete situations arising in objective reality. In this context, the offence of false identity raises a series of theoretical and practical difficulties, particularly in light of its apparent similarities with the offence of identity theft. Although at first sight the two notions appear to designate the same legal reality, a careful analysis reveals essential differences both in terms of their constituent elements and in terms of their regulation. The frequent confusion between these offences, including among legal practitioners, highlights the need for conceptual and normative clarification. At the same time, it should be noted that, unlike identity theft, which is widely recognised in international practice and legislation, the offence of false identity does not benefit from uniform regulation from a comparative- law perspective. This difference further underscores the importance of doctrinal and legal analysis of the two institutions. Accordingly, the present study aims to draw a clear distinction between the offence of false identity and that of identity theft, by emphasising the particularities of each and contributing to a better understanding and application of the relevant criminal-law rules.