APARIŢIA ŞI EVOLUŢIA INCRIMINĂRII CONFLICTULUI DE INTERESE ÎN LEGISLAŢIA ROMANEASCĂ
THE APPEARANCE AND EVOLUTION OF THE CRIMINAL INCRIMINATION OF INTERESTS IN ROMANIAN LEGISLATION

Summary/Abstract: This paper analyzes the emergence in Romanian law of the notion of conflict of interest, initially in the form of the conflict of interest of administrative nature provided by the Law 161/2003 regarding certain measures for ensuring transparency in the exercise of public dignities, of public functions and in the business environment, prevention and sanction of corruption, and subsequently as a conflict of interest incriminated by the criminal law. The paper also analyzes the legislative changes, both from the point of view of the legal content of the offense of conflict of interest and of the active subject, from its incrimination in the criminal offenses sphere, in 2006 until now, without analyzing the passive subject, the object of the o ffense, the c onstitutive content, the forms, the ways of committing and the sanctions, aspects that have been exhaustively analyzed in the work „Conflict of interests. Theory and jurisprudence - comparative law studies „of t he Professor P hD A ugustin L azar - Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice. At the basis of the elaboration of this paper there were laid down the legal norms regulating the conflict of interest of administrative nature, the provisions of the United Nations Convention against corruption adopted in New York on 31st of October, 2003, ratified by Romania by Law no. 365/2004, the provisions of the French Criminal Code on conflict of interests, the Romanian Criminal Code of 1969, the New Criminal Code, the legal norms for the amendment of the Criminal Codes, as well as a series of decisions of the Constitutional Court and of the Supreme Court in question.

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