Conflict of interest offence

• Author: Andrei - Lucian Puscasu
• Position: PhD Candidate, 'Nicolae Titulescu' University of Bucharest
• Pages: 133-139

LESIJ NO. XXI, VOL. 1/2014

CONFLICT OF INTEREST OFFENCE

Andrei - Lucian PUCAU*

Abstract

The following study aims to analyse the conflict ot interest pr ovisions offence stipulated under Article

301 of th e special pa rt of the new Criminal Code. This adjustment a ims criminal lia bility of public

officials who, in the exercise of his duty, acquires a n unjust materia l benefit for himself or for some

people with whom he shares certain inter ests. Through this study we want to set a clea r limit between

this offence and the other service offences, as well as to highlight the need for such legislation.

Keywords: conflict of interest, public servant, service offence, corruption offences, the Criminal

Code.

1. Introduction*

Through the regulation of the conflict

of interest offence, the legislator intended to

incriminate those situations in which private

interests of public servant improperly

influence his official duties.

The Conflict of interest offence was

regulated for de first time in art. 241 of Carol

CodeăII,ăTitleăIIIă „Crimeăandădelictsăagainstă

publică administration”,ă Chapteră Iă “Delictsă

committed byăpublică o fficials”,ă Sectionă II”ă

Unfairătakings”

1

. With the coming into force

of the 1968 Criminal Code, this offence was

repealed because it was considered that this

was not consistent with the communist

system. Subsequently, by Law no 278/2006,

the legislator considered it necessary to

reintroduce the conflict of interest offence in

the Criminal Code.

Provisions relating to conflict of

interest are to be found in certain special

laws such as Law no. 78/2000 , Law no.

161/2003 and Law no. 144/2007.

In the following we are going to

perform an analysis of the contents of this

* PhD Candidate,ă”NicolaeăTitulescu”ăUniversity of Bucharest (email: lucian_puscasu2@yahoo.com).

1

Carol Code II promulgated by the high royal decree no. 471 from 17.03.1936, published in Official Gazette No.

65, part I, 18.03.1936.

crime from the perspective of the current and

former Criminal Code. We will examine,

among other things, whether the conflict of

interest offence is a service offence or a

corruption offence, whether this is a crime of

public danger or one of outcome and

whether the scope of active and passive

subjects has under gone changes in th e

provisions of the new Ciminal Code. W e

will also try to capture some comparative

aspects between the provisions of Article

301 of the Criminal Code and the regulations

applicable to conflicts of interest in the

criminal law of other countries.

Although the conflict offence was

introduced in the Criminal Code by Law no.

278/2006, and we find its detailed analysis

in the legal doctrine, we consider that,

through the provisions of the ne w Criminal

Code, some substantial changes are made

which require a new examination of this

crime.