BRIEF CONSIDERATIONS REGARDING THE USE OF THE FUNCTION IN FAVOUR OF CERTAIN PERSONS
BRIEF CONSIDERATIONS REGARDING THE USE OF THE FUNCTION IN FAVOUR OF CERTAIN PERSONS

Author(s): Ruxandra Răducanu
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Corruption - Transparency - Anti-Corruption
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: civil servant; material gain; abuse in office; conflict of interest; justifying cause;
Summary/Abstract: The offence of conflict of interest has been amended to include the use of the function in favour of certain persons, and it is necessary to maintain the conflict of interest in the sphere of public services. This paper aims to highlight the particular elements of this incrimination that essentially distinguish it from the crime of abuse in office. Even if this regulation replaced the crime of conflict of interest, the preservation, in part, of the content of the old regulation demonstrates the seriousness of the situations in which the civil servant uses his function to obtain a material gain, gravity that justifies the distinct incrimination of these situations. A brief analysis of the judicial practice in this area is edifying in support of these arguments.

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