The sanction regime of the influence peddling as compared to the fraud offence and the need for its correlation with the seriousness of the material consequences including for the other corruption offences Cover Image
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Regimul sancționator al infracțiunii de trafic de influență în comparație cu cel al infracțiunii de înșelăciune și necesitatea corelării acestuia cu gravitatea urmărilor materiale, inclusiv pentru celelalte infracțiuni de corupție
The sanction regime of the influence peddling as compared to the fraud offence and the need for its correlation with the seriousness of the material consequences including for the other corruption offences

Author(s): Marcel Sandu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: influence peddling; fraud; very serious consequences; sentence of imprisonment; endangerment offences; correlation of the sentence with the seriousness of the material consequences; general prior-offe

Summary/Abstract: Taking into consideration the subtle and random criteria as an incidence in the delimitation of influence peddling from the fraud offences, it is likely that in very similar cases of misleading, the criminal will be lucky due to the occurrence of the influence peddling or it is likely that should not have been lucky when he committed materialized deeds supplementing the constitutive content of the fraud offence in relation to similar material damages. It is likely to cause material damages also in the matter of the formal criminal deeds and in the process of the legal and judicial individualization of the punishment, also the amount of the material damages produced as a result of the concrete endangerment offence should be taken into account.

  • Issue Year: 2013
  • Issue No: 02
  • Page Range: 210-216
  • Page Count: 7
  • Language: Romanian
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