Corruption Crimes from the Point of View of the New Regulations of Law no. 286/2009

• Author: Sandra Gradinaru
• Position: Al. I. Cuza University of Iasi, Faculty of Economics and Business Administration
• Pages: 44-49

European Integration - Realities and Perspectives

2010

44

Corruption Crimes from the Point of View

of the New Regulations of Law no. 286/2009

Sandra Gradinaru

“Al. I. Cuza” University of Iasi, Faculty of Economics and Business Administration,

sandra.gradinaru@yahoo.com

Abstract: The corruption phenomenon in Romania is one of the factors that have slowed the progress of

economic and political development, and therefore the fight against this phenomenon constitutes a primary

concern of the entire Romanian society, in order to increase the level of integrity and trust towards state

institutions and in order to integrate the Romanian society in the European community. Law no. 286/2009

regarding the new Criminal Code brings a number of changes i n terms of corruption offenses, changes that

have drawn much criticism. The faulty wording in the general part has resulted in the decriminalization of the

largest part of the corruption crimes already committed and, as suc h, a partial indirect amnesty of the

corruption acts, which have seriously affected the social system and Romania's development. The manner in

which a crime is defined by law or the a mbiguity of the definitions regarding the criminal nature of an a ct

seriously affects the clarity and predictability of the criminal poli cy. Moreover, the draft Criminal Code and

the draft Criminal Procedure Code contain a number of provisions which are contrary to the Constitutional

Court's jurisprudence and may affect the efficiency of the law.

Keywords: bribery; influence trafficking; public servant

In the process of adaptation of the socio-global system to the situation of competitive economic

market, risk factors increased, while corruption became a structured, specialized and professional

phenomenon that, through informal networks of organizations and people, can influence decision

factors from the fields of politics, law, administration or justice, affecting national safety.

The doctrine underlines the difficulty of giving a definition to corruption due to its multiple forms of

manifestation, it is also expressed the idea that it is impossible for the phenomenon of corruption to be

identified with one definition, because it has multiple forms of manifestation.

“The phenomenon” of corruption is more visible nowadays because of press campaigns, of various

media sources that have transformed corruption in a hot topic for the public. Moreover, economic

change, both nationally and internationally speaking, diminished the degree of acceptance of

corruption. Consequently, it can be easily understood that fighting against corruption became one of

the main preoccupations of the international community. (Madularescu, 2006)

Romania’s fight against corruption is the main objective of internal politics, this can be seen in the

field of laws, a series of normative documents have been approved and they encourage the

development of a safer social environment.

The phenomenon of corruption has been identified as being a problem, not based on clear direct

evidence, but because of the inappropriate law system, because of the gaps that exist in the given laws

and which may lead to corruption events. (Mădăşescu, 2003, p. 319)