Consideraţii privind latura subiectivă a infracţiunii de luare de mită
Considerations Regarding the Subjective Side of the Crime of Bribery

Summary/Abstract: The New Criminal Code brought into force some important changes, concerning among others, the content and especially, mens rea of the bribery. The purpose of the unlawful act was in the former legislation, a main component of the content of the bribe. Using the expression „in connection with”, instead of the expression „with a view to”, mens rea of the bribery is no longer only direct intention, but also indirect intention. This new expression marks a link between actus reus and the duty of the employee, with no other consequences on mens rea. By using this expression, actual form of the bribery includes also the content of the former crime of accepting unlawful advantages (art. no 256, ancient penal Code) and that solution marks a worse treatment for this kind of actions from the point of view of the penalties.

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