Theoretical aspects regarding the new offense covered by art. 246 of the criminal code missappropriation of public auctions and offences covered by art. 65 of law no. 21/1996 republished. Competition law

Author:Rodica Aida Popa
Position:Lecturer PhD, Judge at the High Court of Cassation and Justice, Offences Department (e-mail :aidap@scj.ro).
Pages:166-173
LESIJ NO. XXIII, VOL. 1/2016
THEORETICAL ASPECTS REGARDING THE NEW OFFENSE
COVERED BY ART. 246 OF THE CRIMINAL CODE
MISSAPPROPRIATION OF PUBLIC AUCTIONS AND OFFENCES
COVERED BY ART. 65 OF LAW NO. 21/1996 REPUBLISHED.
COMPETITION LAW
Rodica Aida POPA
Abstract
The present study aims to bring to the attention of the legal law specialists the theoretical aspects
related to a new incrimination as the one covered by ar t. 246 of the Penal Code, the misappropr iation
of public auctions, as well as aspects of yet another incrimination, tha t is the one covered by art. 65 of
Law no. 21/1996 republished-competition la w, trying thus to prevent certa in different interpr etations
about the typicality of the two incr iminations and encourage the p ossibility of highlighting other
arguments that will lead to a n application as accur ate as possible of the two incriminations.
Presently ther e is no case la w for the two incriminations ther efore the theor etical analysis ha s
to pr esent interpreta tion arguments which will help the judicial bodies to ea sily cla ssify the factua l
basis of the content of the two constitutive laws offering the possibility of a more detailed and contextual
interpreta tion in relation to the reality.
The way the public auctions take place is a constant pr eoccupation not only for the par ticipants
who are involved in the procedure and directly interested in a biding the under law and ensuring a fair
competitive climate but also for the public opinion which is as equally interested in ensuring fair social-
economical relationships ba sed on the market principles.
Simultaneously, the way the legal conditions of the second incriminations-that is th e one from
art.65 Law no.21/1996 republished - are interpreted in relation with the competition practices will lead
to the clarification of the norm and its cor rect enforcement.
Keywords: misappropria tion of public auctions, anti-competitional pr actices, constitutive
contents of the two incriminations, fair competitive climate.
1. Introduction
The study of the two incriminations,
that is the one referring to the
misappropriation of public auctions covered
by ar t. 246 of the Penal Code and the one
covered by art.65 of Law no.21/1996
republished-the competition law, presents an
interest from a broad perspective for the
business environment since it deals with
aspects regarding the compliance of some
Lecturer PhD, Judge at the High Court of Cassation and Justice, Offences Department (e-mail :aidap@scj.ro).
special conditions regarding organizing
auctions as well as ensuring the context of
preventing illegal, anticompetitive practices.
Presently, in Romania the
consolidation and diversification of the
business environment is an important part
not only of the economy but also of the rule
of law; the relationships between partners of
the private environment but a lso the public
sector that can interfere under certain
circumstances, being based of special laws

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