INCRIMINATING THE CONFLICT OF INTERESTS IN ROMANIA: RECENT LEGAL DEVELOPMENTS
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The present paper aims at outlining the evolution of the Romanian criminal law provisions incriminating the conflict of interests, starting from its insertion, as of 2006, into the Criminal Code of 1968, until the up-to-date version of the offence as per the Criminal Code in force, renamed as use of the position for favouring persons, as amended by Law no. 193/2017. In this context, the approaches of the legal text in the well-established case-law of the judicial bodies as well as of the Constitutional Court and legal literature are highly relevant in order to explain the rationale behind the shaping of the legal content of the offence. The diachronic delineation shall be supplemented by elements of comparative law. Where appropriate, reference shall also be made to the administrative type of liability that may be incurred in a conflict of interest case and the relationship thereof with the proceedings in criminal matters or to distinctions between the analysed offence and other offences falling into the category of malfeasance in office or corruption offences. The conclusions of this examination emphasise the need for predictability and proper understanding of the criminological layer in tackling the conflict of interest phenomenon.
Authors and Affiliations
Mihai MAREȘ
Keywords
Related Articles
- EP ID EP301235
- DOI -
- Views 128
- Downloads 0
ASPECTS OF GUILTY PLEA AND PROCEDURE OF GUILT ADMITTANCE, NEW JUDICIAL INSITUTIONS FOR A CRIMINAL TRIAL OF HIGHER QUALITY
During the broad reform process that has taken place in recent years for the criminal proceeding activity, following the entry into force of the new Criminal Procedure Act on February 1st 2014, there have been changes o...
ANALYSIS OF THE INCREASING ROLE OF NGOS IN INTERNATIONAL PUBLIC LAW
In this paper we offer an analysis of the increasing role of NGOs in international public law and assess whether NGOs can be considered subjects of international law. We give a brief overview of how modern NGOs came into...
A MULTI-CRITERIA DECISION-MAKING SYSTEM BASED ON A BUILD-UP ALGORITHM
The organization can be considered a real decision-making machine. Through the decision-making system problems are being addressed, searching for and proposing a solution and the steps to take which creates value for the...
SUCCESSORAL CAPACITY PECULIARITIES OF THE ROMANIAN ECLESIASTICAL STAFF – A CASE OF ANOMALOUS INHERITANCE
The present study aims at radiographing the condition of the legal capacity to inherit, situated at the confluence of two domains, the legal and the theological one, with convergence points, but also with some distinct c...
MEDICAL MALPRACTICE. THE MALPRACTICE INSURANCE
Increasingly, complaints about medical malpractice ocure extreme situations such as the death of the person or the occurrence of irreparable injuries. Professional misconduct in the exercise of the medical or medical-pha...