The Crime Of Traffic Of Influence In The New Incrimination Formula

Author:Andrada Nour
Position:Hyperion University of Bucharest, Romania
Pages:358-367
THE CRIME OF TRAFFIC OF INFLUENCE IN THE NEW
INCRIMINATION FORMULA
Lecturer Andrada NOUR1
Abstract
Corruption is an extremely complex phenomenon, contrary to the democratic principle, manifested negatively
in both domestically a nd internationally. Thus, mainly internally, corrup tion generates distrust in the institutions of the
state and the administration of justice, affects economic progress and good go vernance, and externally, alter the
credibility and ima ge of the state. Corruption can know in practice a variety of forms, tra ffic of influence being one of
the most representative expressions of corruption. Since traffic o f influence falls in the category of the crimes with a
very high degree of social danger, it has been incriminated in international and community legal documents of
reference for combating corruption. In our country, it tries to combat this crime by regulations aimed at a variety of
concrete forms of expression, regulation which are the subject of our study.
Keywords: corruption, traffic of influence, crime, domestic criminal law, criminal liability, community law.
JEL Classification: K14
1. Preliminary issues
This paper is based on a thorough scientific research, with particular importance both
theoretically and practically, since it contributes to the development of legal doctrine2 and use in
practice the ideas expressed.
The objective of the study is the analysis of the offence of traffic of influence through the
new vision of legislation in force and through the need to prevent and combat such offences under
criminal law.
The work captures the innovations introduced by national and international standards,
highlighting both progress and issues regulations on the levels of these new regulations in order to
improve national legislation to criminalize corruption.
The personal contribution is reflected throughout the entire work and highlights the way in
which the concepts used were analyzed, through how reasoned opinions were submitted to
doctrines, by personal opinions and conclusions. In preparing this paper, it was considered five
dimensions: historical, comparative, descriptive and analytical methods and logical perspective.
.
2. Legal international framework regarding traffic of influence offence
Traffic the influence is the subject of the legal instruments to reference in the fight against
corruption existing national and European, namely the United Nations Convention against
Corruption and the Criminal Law Convention on Corruption, adopted by the Council of Europe.
Thus, the United Nations Convention against Corruption was adopted in New York on
October 31, 2003 and in art. 18 it states that "each State Party shall consider adopting such
legislative and other measures as may be necessary to estab lish as criminal offences, when
committed intentionally: a) the promise, offering or giving to a public official or any other person,
1 Andrada Nour - Hyperion University of Bucharest, Romania, andrada_nour@yahoo.com.
2 On the relevant doctrine in the field see Dan Banciu, Sorin M. Rădulescu, Coru pţia şi crima organizată în România,
Continent XXI Publishing House, Bucharest, 1994 , p. 5 et seq.; Dan Banciu, Sociologie juridică, Hyperion Publishing
House, Bucharest, 1995, p. 20 et seq; Ophelie Brunelle-Quraishi, Assessing the Revelancy and Efficacy of the United
Nations Convention Against Corruption: A Comparative Analysis, Notre Da me Journal of International &
Comparative Law”, vol. 2, Issue 1, Article 3, p. 103-166; Theodor Mrejeru, Infracţiunile de corupţie. Aspecte teoretice
şi practice, All Beck Publishing House, Bucharest, 2000, p. 10 et seq.; I. Ristea, Manual de drept penal. Partea
speciala, Universul Juridic Publishing House, Bucharest, 2013, p. 25 et seq.; T. Toader, Drept penal roman. Partea
speciala, 6th ed, Hamangiu Publishing House, Bucharest, 2012 p. 25 et seq.; M. Udroiu, Drept penal. Partea speciala.
Noul Cod penal, C.H. Beck Publishing House, Bucharest, 2014, p. 30 et seq.

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