Considerations on the objective side of the crime of bribery in the new Criminal Code. Cover Image

Unele consideraţii privind latura obiectivă a infracţiunii de luare de mită în noul Cod penal
Considerations on the objective side of the crime of bribery in the new Criminal Code.

Author(s): Valerică Dabu, Loredana Radu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: the objective side of bribery offense; "solicitation"; "penal claim";

Summary/Abstract: The authors approach the objective side of bribery offense in New and Actual Penal Code, including International Conventions to which Romania joined, accentuating the news, but also some imperfections of the old and new regulations formulating and some proposals de lege ferenda in relation to social requirements and those about penal politics. Thus, they try a difference between "solicitation" and "claiming", they study the conditions of "penal claim", they analyze the discontinuance in case of claim's pretend and they also do some references at the modality of ejecting of "the promise of such benefits". So, they also insist on delimitations' criteria of taking the bribery offense of others offenses, but also of other facts that do not have a penal character, using the principles of penal law, but also of penal procedure. With the risk of error, the authors formulated and sustained with courage some original ideas which they consider necessary and useful to the attention of those who are responsible of enactment but also of those who are responsible of enforcement.

  • Issue Year: 2012
  • Issue No: 3
  • Page Range: 38-90
  • Page Count: 53
  • Language: Romanian
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