Autor: Adrian FANU­-MOCA

Publicat în: Journal Of Eastern European Criminal Law no. 1/2014

Revistă disponibilă:  aici.

Abstract: Criminal conduct in the sphere of civil service has experienced serious mutations post1990, particularly through the particularization of criminal liability in the area of combating corruption as a social phenomenon, the fight against corruption and, especially, the fight against the corruption of the public power’s agents becoming a priority for Romania, being, at the same time, considered as a priority at European Union level as well. In this regard, under the aegis of the Council of Europe, on January 27th 1999, in Strasbourg, was adopted the Criminal Law Convention on Corruption, which entered into force on July 1st 2002, ratified by Romania through Law no. 27/2002,1 according to which “corruption threatens the rule of law, democracy and human rights, undermines good governance, fairness and social justice, distorts competition, hinders economic development and endangers the stability of democratic institutions and the moral foundations of society”. Furthermore, the Member States of the Council of Europe and the European Community have adopted in Strasbourg, on November 4th 1999, the Civil Law Convention on Corruption,2 which defines in Article 2 “corruption” as “requesting, offering, giving or accepting, directly or indirectly, a bribe or any other undue advantage or prospect thereof, which distorts the proper performance of any duty or behaviour required of the recipient of the bribe, the undue advantage or the prospect thereof”.

Keywords: corruption offenses; active bribery; passive bribery; Penal Code of 1968; new Penal Code.