An overview of the anti corruption laws in romania. Elements of compared law

• Author: Magdalena Maria Barsan
• Position: Transylvania University of Brasov
• Pages: 15-19

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2015), pp. 15-19

15

AN OVERVIEW OF THE ANTI CORRUPTION LAWS IN ROMANIA.

ELEMENTS OF COMPARED LAW

M.M. Bârsan

Transylvania University of Brasov, LawSchool

Maria Magdalena Barsan, Transylvania University of Brasov, Law School, Eroilor

Street, No. 25, Brasov, Romania

magdalena_maria_neagu@yahoo.com

Abstract:In the introduction of this paper, we will discuss the general aspects of the

phenomenon of corruption in contemporary society. Furthermore, the article aims to briefly

analyze the anti corruption laws in Romania, but also to to discuss the corruption crimes as

regulated by the Criminal Code and other special laws. We will also present important

aspects of the anti corruption laws in countries such as Belgium, Germany, Spain, France by

directly referring to the corruption crimes as regulated in the laws of those countries.

Key words: corruption, public office, crime, Criminal Code, bribery.

Introduction

The history of human society shows that the criminal phenomenon of corruption has

existed from the oldest times and started to manifest under different forms, thus becoming a

scourge of contemporary society. We can appreciate that the phenomenon of corruption is of

the same age as humanity, as it manifested in any human society; the possibility of removing

it is rather hard to achieve. This criminal phenomenon manifests in the present times in all the

states of the world and in all social structures, regardless of the social system or the level of

economical development, with times of calm and recrudescence, depending on the social-

political, economical changes as well as the way this phenomenon was approached by the

state power organisms. Each country has its own history and culture, its own political system

and set of social values and each is found in a different stage of evolution from all points of

view. Keeping these facts in mind, it is possible that an anti corruption solution applied in one

country may not work in another country. However, the experience of a general solution can

offer solutions which will apply in other countries.

The laws on corruption are likely to create confusion, given the speedy development

of the ways in which corruption crimes can be committed. Thus, changing the laws on

corruption became more and more necessary. In a world characterized by the extreme

mobility of structures, the lawmaker must take into account the needs of society and he must

continuously adapt the laws to the current stage of development. Given the defective laws and

the continuous change of society, from an economical, social-political point of view, Law no

78/2000 for preventing, investigating and sanctioning corruption

1

was passed, a law meant to

incriminate the crimes of corruption in a modern manner and to provide greater attention to

the corruption phenomenon on all levels.

The national law regulates in the Criminal Code, title V “Corruption crimes” the

crimes of receiving bribe, offering bribe, influence peddling and acquisition of influence. Law

no 78/2000 completes the Criminal Code and incriminates a series of crimes assimilated to

corruption crimes and crimes against the financial interests of the European Union (art.10-

185), but these are not the object of out analysis, as we will discuss the corruption crimes

regulated in the Criminal Code (articles 289-292 of the Criminal Code).

1

Law 78/2000 for preventing, investigating and sanctioning co rruption, published in the Official Bulletin, part I,

no 219 of May 18th, 2000, with subsequent changes and additions.