Conflict of interest offence

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

The following study aims to analyse the conflict ot interest provisions offence stipulated under Article 301 of the special part of the new Criminal Code. This adjustment aims criminal liability of public officials who, in the exercise of his duty, acquires an unjust material benefit for himself or for some people with whom he shares certain interests. Through this study we want to set a clear... (see full summary)

 
FREE EXCERPT
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repealed because it was considered that this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.

To continue reading

REQUEST YOUR TRIAL