Between Criminal Law and Digital Trust: Article 250 of the Criminal Code and the Challenge of Non-Cash Payment Fraud in Romania

Abstract

Romania's transition to electronic payment systems has generated new vulnerabilities that require appropriate legislative responses. Article 250 of the Criminal Code criminalizes unauthorized transactions carried out through electronic payment instruments or the identification data associated with them, basing criminal liability on the manipulation of automated computer systems. The research analyses the operational effectiveness of this criminal law in the context of the increase in electronic payment fraud. The legal framework integrated by Law no. 209/2019 and the NBR regulations establishes reimbursement obligations for payment service providers in parallel with individual criminal sanctions. Judicial interpretation has evolved to cover technological developments, as the High Court of Cassation and Justice acknowledged that contactless use without entering a PIN is tantamount to traditional card fraud. The technology-neutral approach to regulation allows adaptation to emerging payment methods without constant legislative updates. The paper brings certain clarifications in the field of delimitation of criminal liability for frauds committed through electronic payment instruments, establishing the connection between the manipulation of automated computer systems and the prejudice of individual or collective assets.