REMARKS ON THE ACTIVE SUBJECT OF THE OFFENSE OF TAKING BRIBERY
REMARKS ON THE ACTIVE SUBJECT OF THE OFFENSE OF TAKING BRIBERY
Author(s): Georgian Toma, Iulia NistorSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: crime; bribery; corruption; active subject;
Summary/Abstract: With the entry into force of the new criminal codes, the legislator intervened and made a number of changes as regards the content of the definition of bribery offense.This re-examination of the incriminating framework is a consequence of the problems raised by legal doctrine and practice, which were reported long before 1 february 2014.As regards the active subject of taking a bribe, the person who may be in that capacity must fulfill a number of special conditions which relate to the exercise of a post involving special duties or may be classified in one of the situations listed in the incriminating text.Determining the status of an active subject of bribery requires a complex analysis of the factual and legal situation of the crime, because there are many similarities with other similar situations and there may be confusion.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: XIV/2020
- Issue No: XIV
- Page Range: 129-133
- Page Count: 5
- Language: English