Procedural aspects regarding corruption crimes as stipulated in the criminal code of law and law no. 78/2000

• Author: Anca Lelia Lorincz/Gina Negrut
• Position: Professor/Assistant professor
• Pages: 25-38

PROCEDURAL ASPECTS REGARDING CORRUPTION CRIMES AS STIPULATED IN

THE CRIMINAL CODE OF LAW AND LAW NO. 78/2000

Professor Anca Lelia LORINCZ

1

Assistant professor Gina NEGRU

2

Abstract

The intensification of the Eur opean political and economic integration also requires that our country

contributes to continuing the tra dition of incriminating criminal deeds perpetra ted in the business field. Romanian

authorities di splay their c onstant inter est in expanding their knowledge of the crime phenomenon in this field, while

looking to identify effective means to control it. Within this context, cor ruption crimes approached in the Criminal

Code of Law and in Law no. 78/2000 take a distinct pla ce within the group of crimes for which prevention and

combating is regulated under the Business Criminal Code of Law. In order to ensure celerity in solving cr iminal

cases involving corruption crimes, certa in derogations from the usual procedure were re quired, as well as

enforcement of a special procedure; also, specific procedural aspects regar ding cor ruption crimes need to be

retained as we look at the coming into force of the new criminal and criminal procedur e legislation.

Keywords: business criminal law, cor ruption deeds, special procedure, law cha nges, New Cr iminal Code of Law,

New Criminal Pr ocedure Code

JEL Classification: K14

The development of a free market requires that commercial activities be organised and

deployed under regulation of a set of juridical norms that ensure crime prevention and control in

the field of business. This set of juridical norms has given birth to an independent branch of law,

namely the business criminal law, which regulates social relationships emerged from preventing

and combating crimes perpetrated within companies, tax fraud, money laundry and other crimes,

such as crimes regarding the capital markets, banking systems, customs systems, land, insurance,

e-commerce, accounting juridical systems, etc.

The intensification of the European political and economic integration also requires that

our country contributes to continuing the tradition of incriminating criminal deeds perpetrated in

the business field. Romanian authorities display their constant interest in expanding their

knowledge of the crime phenomenon in this field, while looking to identify effective means to

control it.

On the other hand, on the background of the international economic-financial crisis,

within the context of a market economy, we witness secondary phenomena that have major

implications on altering interpersonal relationships, and generate corruption with severe

consequences at all levels of structures in the society. Within this context, corruption crimes

approached in the Criminal Code of Law

3

and in Law no. 78/2000

4

take a distinct place within

the group of crimes for which prevention and combating is regulated under the Business Criminal

Code of Law.

1. Current legal framework and views on regulating corruption crimes

1

Anca Lelia Lorincz, „Alexandru Ioan Cuza” Police Academy, Bucharest, lelia.lorincz@gmail.com

2

Gina Negru, „Alexandru Ioan Cuza” Police Academy, Bucharest, ginanegrut@yahoo.com

3

Criminal Code of Law, enacted in 1968, republished in the Official Gazette no. 65 of April 16, 1997, as subsequently amended

and complemented

4

Law no. 78/2000 to prevent, discover and sanction corruption deeds, published in the Official Gazette no. 219 of May 18, 2000,

as subsequently amended and complemented