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
SUMMARY

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.... (see full summary)

 
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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)

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