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Reflections On The New Regulations From Law No. 286/2009 Regarding The Criminal Code Concerning The Corruption Offences. Aspects Of Comparative Law

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Author Info

  • Mihaela Onofrei

    ()
    (Faculty of Economics and Business Administration, "Al. I. Cuza" University, Iasi, Romania)

  • Sandra Gradinaru

    ()
    (Faculty of Economics and Business Administration, "Al. I. Cuza" University, Iasi, Romania)

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    Abstract

    The corruption phenomenon in Romania is one of the factors that have slowed the progress of economic and political development, and therefore the fight against this phenomenon constitutes a primary concern of the entire Romanian society, in order to increase the level of integrity and trust towards state institutions and in order to integrate the Romanian society in the European community. Law no. 286/2009 regarding the new Criminal Code brings a number of changes in terms of corrup-tion offenses, changes that have drawn much criticism. The faulty wording in the general part has resulted in the decriminalization of the largest part of the corruption crimes already committed and, as such, a partial indirect amnesty of the corruption acts, which have seriously affected the social sys-tem and Romania's development. The manner in which a crime is defined by law or the ambiguity of the definitions regarding the criminal nature of an act seriously affects the clarity and predictability of the criminal policy. Moreover, the draft Criminal Code and the draft Criminal Procedure Code con-tain a number of provisions which are contrary to the Constitutional Court's jurisprudence and may affect the efficiency of the law.

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    File URL: http://anale.feaa.uaic.ro/anale/resurse/ec2onofrei.pdf
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    Bibliographic Info

    Article provided by Alexandru Ioan Cuza University, Faculty of Economics and Business Administration in its journal Analele Stiintifice ale Universitatii "Alexandru Ioan Cuza" din Iasi.

    Volume (Year): 57 (2010)
    Issue (Month): (november)
    Pages: 75-93

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    Handle: RePEc:aic:journl:y:2010:v:57:p:75-93

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    Postal: Universitatea Al. I. Cuza; B-dul Carol I nr. 22; Iasi
    Phone: 004 0232 201070
    Fax: 004 0232 217000
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    Web page: http://anale.feaa.uaic.ro/anale/
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    Related research

    Keywords: bribery; influence trafficking; public servant;

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