Some clarifications related to the provisions of Art. 181 of Law no. 78/2000 on the prevention, detection and sanctioning of corruption acts Cover Image
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Câteva precizări legate de dispoziţiile art. 181 din Legea nr. 78/2000 pentru prevenirea, descoperirea şi sancţionarea faptelor de corupţie
Some clarifications related to the provisions of Art. 181 of Law no. 78/2000 on the prevention, detection and sanctioning of corruption acts

Author(s): Liviu Togan, Ştefan Diaconescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Criminal law; art. 181 of Law no. 78/2000; Order no. 863/2008 of the Ministry of Development; Public Works and Houses; Decision no. 462/2017 of the Romanian Court of Accounts; EU funds fraud;

Summary/Abstract: The provisions of article 181 of Law no. 78/2000 refers to crimes perpetrated against the financial interests of the European Union and sanctions such deeds with imprisonment of up to 7 years. The Romanian criminal investigation authorities, respectively the Romanian Anticorruption Directorate has seen an increase in such investigations, some of which have been particularly difficult to understand due to the complexity of the charges. In this article, we will examine the possibility of analysing and investigating the perpetration of the crime provided by art. 181 of Law no. 78/2000 in regards to the breach of the legal provisions of Order no. 863/2008 issued by the Ministry of Development, Public Works and Houses for the approval of Instructions for the application of certain provisions of Government Decision no. 28/2008. Furthermore, in the present article, we will also analyse the possibility that a certain Decision issued by the Romanian Court of Accounts, respectively Decision no. 462/2017, can effectively contradict the accusations formulated in such cases.

  • Issue Year: 2019
  • Issue No: 1
  • Page Range: 109-118
  • Page Count: 10
  • Language: Romanian
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