State border offenses affect the social relations on the existence of which the defense of the state authority and the territory of the country depends, by ensuring the inviolability of the Romanian state border which must ensure compliance with the rules on entry and exit of persons in order to carry out effective surveillance of the movement of persons. Any breach of the relevant rules must be effectively detected and sanctioned, including by prosecuting those guilty of illegally crossing the state border, vulnerabilities and risks to public order and national security not to be neglected. From this perspective, it is necessary to analyze the constitutive elements of the crime of fraudulent crossing of the state border and the aspects that could raise problems in the practical application of the rule of incrimination.