The crime of illegal operations with non-cash payment instruments: constitutive elements and practical aspects

URL: https://dspace.academy.police.md/the-crime-of-illegal-operations-with-non-cash-payment-instruments-constitutive-elements-and-practical-aspects/

Data: 2025

This study addresses the essential aspects of Article 2608 of the Criminal Code of the Republic of Moldova, introduced by Law No.136 of June 6, 2024, for the amendment of certain normative acts aimed at the criminal prevention of illegal operations involving non-cash payment instruments. In the context of rapid digitalization, where non-cash financial tools (bank cards, electronic wallets, virtual currency) are increasingly used, the legislation of the Republic of Moldova has updated its legal framework to respond to the challenges of modern financial crime. The provision criminalizes actions such as the fraudulent use of payment instruments, the unlawful possession of banking data, or the acceptance of transactions with a fraudulent nature, providing a clear legal basis for sanctioning offenses in the virtual environment. At the same time, this paper highlights the role of virtual currencies in cross-border illicit activities such as money laundering or the financing of organized crime. By aligning with EU Directive 2019/713, the integrity of the payment system and the right to property are safeguarded, while traditional legal concepts are adapted to technological realities. Likewise, the article analyzes the mechanisms through which the new legislation enhances the authorities’ ability to prevent, investigate, and sanction digital financial fraud, marking an essential step in harmonizing national legislation with international standards of economic security.