Reflections On The New Regulations From Law No. 286/2009 Regarding The Criminal Code Concerning The Corruption Offences. Aspects Of Comparative Law

Mihaela Onofrei () and Sandra Gradinaru ()
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Mihaela Onofrei: Faculty of Economics and Business Administration, "Al. I. Cuza" University, Iasi, Romania
Sandra Gradinaru: Faculty of Economics and Business Administration, "Al. I. Cuza" University, Iasi, Romania

Analele Stiintifice ale Universitatii "Alexandru Ioan Cuza" din Iasi - Stiinte Economice, 2010, vol. 57, pages 75-93

Abstract: The corruption phenomenon in Romania is one of the factors that have slowed the progress of economic and political development, and therefore the fight against this phenomenon constitutes a primary concern of the entire Romanian society, in order to increase the level of integrity and trust towards state institutions and in order to integrate the Romanian society in the European community. Law no. 286/2009 regarding the new Criminal Code brings a number of changes in terms of corrup-tion offenses, changes that have drawn much criticism. The faulty wording in the general part has resulted in the decriminalization of the largest part of the corruption crimes already committed and, as such, a partial indirect amnesty of the corruption acts, which have seriously affected the social sys-tem and Romania's development. The manner in which a crime is defined by law or the ambiguity of the definitions regarding the criminal nature of an act seriously affects the clarity and predictability of the criminal policy. Moreover, the draft Criminal Code and the draft Criminal Procedure Code con-tain a number of provisions which are contrary to the Constitutional Court's jurisprudence and may affect the efficiency of the law.

Keywords: bribery; influence trafficking; public servant (search for similar items in EconPapers)
JEL-codes: K14 (search for similar items in EconPapers)
Date: 2010
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