Corruption Offenses: Elements of Differentiation between the new Penal Code and the old Regulation

• Author: Barsan, M.M.
• Position: Law Department, Transilvania University of Brasov
• Pages: 53-60

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 1 - 2014

CORRUPTION OFFENSES:

ELEMENTS OF DIFFERENTIATION

BETWEEN THE NEW PENAL CODE

AND THE OLD REGULATION

Maria-Magdalena BÂRSAN1

Abstract: This article aims to make a foray into the matter of corruption

offenses, based on the differentiation elements between these offenses as they

were regulated in the previous laws and in the new Penal Code. Corruption

offenses, stated in the first chapter of the fifth title were elaborated

considering the regulation of these facts in the previous Penal Code and the

regulations of Law no 78/2000 for the prevention, discovery and sanctioning

of corruption facts; also, the fact of aligning our national law with that of

other European states such as the German Penal Code, the Fini sh Penal

Code, the Swedish Penal Code, was considered. Corruption is one of the

most serious threats for the state of law in contemporary society,

undermining institutions and democratic values.

Key words: corruption, accepting bribe, offering bribe, influence peddling,

public servant.

1 Law Department, Transilvania University of Braşov.

1. Introduction

The history of human society proves that

corruption offenses existed since the oldest

times and have manifested in different

ways as society evolved.

In the contemporary society, the problem

of this scourge is in the center of public

opinion, by different means of

communication such as the press, radio,

television and we are confronted daily with

different corruption offenses in which

public servants, members of public

authorities or arbitration courts are

involved.

In close connection with organized crime

and terrorism there is the phenomenon of

corruption.

Thus, there is a connection between

corruption and other forms of crime, as

corruption becomes transnational.

This phenomenon is becoming more and

more significant in Romania, despite the

state’s will to fight it, despite some

anticorruption ultimatums coming from

outside Romania, as well as the current law

in this domain, which is constantly

modified and the anticorruption organisms

which are already created or about to be

created.

As we can easily notice, corruption is a

threat to democracy, it undermines the

economy, it erodes the principles of an

adequate administration and, more

seriously, it endangers the stability of all

the state’s institutions.