The Embezzlement of Public Auctions in the Romanian Law. The Consequences of the Offense in the Business Environment

• Author: Bogdan Bîrzu
• Profession: University, Romania
• Pages: 121-132

The Embezzlement of Public Auctions in the Romanian Law.

The Consequences of the Offense in the Business Environment

Assistant professor Bogdan BIRZU

1

Abstract

In the present paper we have proceeded to examine the offense provided in the

provisions of art. 246 of Criminal Law (embezzlement of p ublic auctions) in the light of

the provisions of the new law. The novelty elements brought by this paper are the exami-

nation of the o ffense according to the regulations of th e law in force. Representin g a

novelty in the Romanian doctrine, examining the offense may be useful first of a ll for the

business environment, students of law faculties, a nd theoreticians. As it is a new incrim-

ination in the Romanian law, it can also be useful to practitioners in this field. The paper

is part of an academic course to be published collectively early next y ear. The implica-

tions of this offense in the business environment are relevant.

Keywords: offense; constitutive content; forms; modalities; sanctions.

JEL Classification: K14

1. Introduction

The offense of embezzlement of public auctions consists of the act of a

natural or legal person to remove, by coercion or corruption, a participant from a

public auction or the act of the participants in a public auction to be understood

to distort the decided price.

The incrimination of this act was determined by the development of

crime in this area, the judicial practice demonstrating that in many cases the par-

ticipants in public auction, in order to remove potential controversies and aiming

at influencing the bidding price in the smallest way, choosing various fraudulent

actions. Such facts, in the absence of a rule of incrimination, were framed in re-

lation to the concrete circumstances of committing the offense of deception,

abuse of office, bribery, false intellectual or fake material in official documents.

2

We should point out that there is no such incrimination in the 1969 Crim-

inal Code.

1

Bogdan Birzu - Titu Maiorescu University, Romania, birzu_bogdan@yahoo.com.

2

See also Constantin Duvac in George Antoniu, Tudorel Toader (coord.), George Anton iu,

Versavia Brutaru, Constantin Duvac, Ion Ifrim, Daniela Iulia Lămășanu, Ilie Pascu, Marieta Safta,

Constantin Sima, Tudorel Toader, Ioana Vasiu, Explicațiile Noului Cod Penal, vol. III, Art. 188-

256/Explications of the New Criminal Code, vol III, Art. 188-256, Ed. Universul Juridic, Bucharest,

2015, p. 564.