MOMENTUL CONSUMĂRII INFRACŢIUNII DE „FOLOSIRE A
FUNCŢIEI PENTRU FAVORIZAREA UNOR PERSOANE”
THE CONSUMMATION OF THE CRIME REFERRING TO THE USE OF OFFICE TO GRANT FAVOURS
Author(s): Cristina Rotaru-RaduSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: use of office for granting favours; Conflict of interest; Statute of limitation for criminal responsibility;
Summary/Abstract: In case of use of office for granting favours (crime known as conflict of interest, before the entry into force of Law no. 193/2017), consummation occurs when the civil servant who performed a certain act obtains a material gain for himself/herself, his/her spouse, another relative or second degree akin. The fulfillment of the act – the material element of the crime, without accomplishment of a material gain – an essential requirement attached to the material element of the crime, does not determine the consummation of the crime. As such, the time limit for criminal responsibility does not start to run.
Journal: Universul Juridic
- Issue Year: 2018
- Issue No: 06
- Page Range: 43-50
- Page Count: 8
- Language: Romanian
