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.