ELEMENTS OF COMPARATIVE CRIMINAL LAW REGARDING THE CRIME OF FALSE IDENTITY

Abstract

In recent years, the international community has been increasingly confronted with
significant challenges in protecting individuals’ personal data, both in digital environments
and in everyday social interactions. The rapid development of information technologies,
coupled with the expansion of online services and cross-border data flows, has created new
vulnerabilities that have facilitated the emergence and proliferation of identity fraud as a
distinct form of criminal activity. Against this background, identity fraud has evolved from
a marginal phenomenon into a major concern for contemporary criminal law systems,
necessitating coherent legislative responses and effective mechanisms of prevention and
repression.
Within the legal framework of the Republic of Moldova, identity fraud represents a
relatively recent incrimination, having been introduced into the Criminal Code only in
2024. This legislative development reflects an effort to align national criminal law with
evolving social realities and with international and European standards, given that similar
forms of conduct have long been criminalized in the legal systems of European Union
member states. Consequently, the introduction of this offense marks an important step
toward strengthening the protection of personal identity and enhancing the security of legal
relations in the national context.
The present study is primarily grounded in the comparative method, which facilitates an
in-depth examination of criminal legislation across various European Union member states
in relation to the national provision enshrined in Article 177¹ of the Criminal Code of the
Republic of Moldova. Through this comparative approach, the research aims to identify
common patterns of criminalisation, structural similarities and differences in legal
regulation, and best practices that may serve as reference points for improving the domestic
legal framework. In addition to comparative analysis, the study employs the logical method
to ensure the coherence and consistency of legal reasoning, as well as the case study
method, which illustrates theoretical considerations through practical examples and
hypothetical scenarios. Furthermore, a significant role is attributed to the prospective
method of legal research, which is used to assess current trends in the evolution of criminal
law norms and to anticipate future legislative developments in identity protection. By
analyzing the content and scope of Article 177¹ in light of European legal models, the study
seeks to highlight existing normative gaps, ambiguities, and potential inconsistencies
within the national regulation. At the same time, it outlines general trends in the
criminalization of identity-related offenses, emphasizing the increasing importance of  safeguarding both public trust and the integrity of personal identity in a highly digitalized
society.
Ultimately, the alignment of the national normative framework with that of European
Union member states has far-reaching implications, not only for enhancing the
effectiveness of domestic criminal law but also for facilitating international judicial
cooperation in criminal matters. Such harmonization contributes to strengthening mutual
trust between legal systems, improving cross-border enforcement mechanisms, and
ensuring a higher level of protection for individuals’ fundamental rights, thereby exerting
a positive impact on all spheres of social life within the state.