THE BORDER BETWEEN BRIBERY AND SPONSORSHIP OF A MEDIC-PUBLIC SERVANT, IN THE EXERCISE OF HIS DUTIES

Mihaela Onofrei () and Sandra Gradinaru ()
Additional contact information
Mihaela Onofrei: Faculty of Economics and Business Administration, "Alexandru Ioan Cuza" University of Iasi, Romania
Sandra Gradinaru: Faculty of Economics and Business Administration, "Alexandru Ioan Cuza" University of Iasi, Romania

Perspectives of Law and Public Administration, 2017, vol. 6, issue 1, 128-135

Abstract: Present paper aims to analyze the situation of a medic, civil servant in the exercise of his duties, who is compelled to ask the patient to pay the provided medical services from his own funds. The economic and social context of Romania over the last ten years, along with Romania's entry into the economic crisis, has led to drastic austerity measures. A major area that has been affected was the medical field in which patients were faced with two situations. On the one hand, in order to benefit from medical services, reimbursed by the Romanian state, they had to be included on waiting lists, and on the other hand, they had the possibility to sign a sponsorship contract with the medical unit and to pay out of their own funds the medical services they were receiving. Thus, as many people have opted for the sponsorship contract, this situation has come to the attention of anticorruption prosecutors who have considered that signing of a sponsorship contract is a disguised form of bribery of the medic. In the context of the fight against corruption, prosecutors investigated whether the constitutive elements of the bribery offense were met in these conditions. The present study follows the arguments used by lawyers to prove that signing a sponsorship contract between a patient and the medical unit not only cannot have criminal connotations but the most important that the criminal responsibility of the physician involved cannot be attributed.

Keywords: bribery; medic; public servant; sponsorship; contract; external finances. (search for similar items in EconPapers)
JEL-codes: K14 (search for similar items in EconPapers)
Date: 2017
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://businesslawconference.ro/revista/articole/a ... rei,%20Gradinaru.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:6:y:2017:i:1:p:128-135

Access Statistics for this article

More articles in Perspectives of Law and Public Administration from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().