Considerations on the Subjective Aspect of Corruption Offenses

• Author: Elisabeta Botian
• Profession: Romanian German University from Sibiu, Romania
• Pages: 156-163

Considerations on the Subjective Aspect

of Corruption Offenses

Associate professor Elisabeta BOȚIAN

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Abstract

The group of corruption offenses in the New Criminal Code presents certain

changes to the old legislation and to the subjective side of these types of offenses. Accept-

ing and offering bribes can now be done with both direct an d indirect intent because the

legislator has removed the condition of purpose from the subjective side o f the offenses.

In this way, the range of acts considered to be illicit acts of bribe was expanded and there

is no need to prove the existence of other psychic processes additional to those specific

to guilt. It is sufficient for the activities that make up the material element of the facts to

be made in connection with certain acts of service. Influence peddling has also been re-

formulated, and from its content the psychic processes of the purpose that characterized

the intention have disappeared, therefore, this offense can be committed with the form of

guilt of intent in both its forms: direct or indirect. The only incrimination in the group of

corruption offenses that has maintained the essential requirement of the purpose in the

content of the offense is the buying of influence, and the psychic processes of purpose are

expressed by an equivalent expression, having the meaning of finality. In this sense of

finality, the psychic processes of purpose may have several meanings, and in the case of

the offen se o f buying influence, the meaning of expression used by the leg islator is to

adopt or obtain a certain conduct.

Keywords: subjective aspect, corruption offenses

JEL Classification: K14

1. Corruption offenses in the former and current Criminal Code

Corruption offenses are found in Chapter I, entitled „Corruption Of-

fenses”, of Title V on corruption offenses and malfeasance while in office.

In the current Criminal Code, the chapter includes the following incrim-

inations: accepting bribes, taking bribes, influence paddling and buying of influ-

ence. This latter incrimination has been taken up with some modifications from

Art. 61 of the Law no. 78/2000 on the prevention, detection and sanctioning of

corruption acts, completing in this way the group of corruption deeds described

and incriminated in the Criminal Code.

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Elisabeta Boțian - Romanian-German University from Sibiu, Romania, elisabeta.botian@roger-

univ.ro