Infracţiunea de luare de mită săvârşită de medic
The offence of accepting bribery committed by the physician

Summary/Abstract: The Prosecutor’s Office YYY requested the Prosecutor’s Office attached to the High Court of Cassation and Justice – Human Resources and Documentation Section to “express a viewpoint related to the following law issue: If the act of the physician working in the State sanitary of claiming, receiving or accepting money or other benefits to execute a medical act, that falls in his job duties, is the offence of art. 289 paragraph (2) of the new Criminal Code, the material element in this case is to be considered as being committed in connection to the failure of complying a working duty which does not achieve the material element of this offence, and as such, can not be criminally sanctioned”. Also, it is also mentioned that “of the information received from the colleagues of the Prosecutor’s Office attached to Tribunal YYY, it is already pronounced, by the YYY Tribunal, an acquittal solution in a case assuming a similar state of facts”

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