Un punct de vedere privind conflictul de interese în sectorul privat
A point of view on conflict of interest in the private sector

Summary/Abstract: The offense of conflict of interests in the private sector, governed by art. 308 related to art. 301 of the Criminal Code as attenuated variant of conflict of interest offense committed by a public official (art. 301), is one of the most controversial provisions of the new Romanian Criminal Law. Considered excessive because of too large area in wich can be included active subject of crime, the criminalization can create an imprevisibile and unfair jurisprudence, unless a future legislative to make it more predictable. Until such an event will occur, the purpose of this paper is to identify some criteria for interpretation in which the apparent completeness of criminalization could be circumscribed, both in terms of the active subject of the offense, and in terms of its constituent elements, in the hope that they may help to crystallize in a coherent jurisprudence.

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