E. DREPT PENAL ŞI PROCESUAL PENAL 17. Luare de mită. Achiziţionarea de către mituitor, de la funcţionarul public, a unui imobil supraevaluat în raport cu valoarea de piaţă a acestuia constituie infracţiunea vizată de art. 254 alin. (1) C. pen
E. CRIMINAL LAW AND CRIMINAL PROCEDURE LAW 17. Bribery. Bribe-giver purchase of an overvalued building relative to its market value from a clerk constitutes the offense covered by art. 254 para. (1) Criminal Code

Summary/Abstract: According to art. 254 of the Criminal Code, one of the essential requirements of bribery’s material element is that the bribery object must consist in money or other benefits, this latter concept including any profit or advantage or patrimonial heritage. The notion of „benefit” is broad, including, as an object of action, the bribe-giver purchase, from a clerk, of an overvalued building relative to its market value. The Court finds that the defendant has made, beyond the said „benefit”, a quantifiable patrimonial advantage, consisting of the difference between the charged price, of 550,000 euros, and the circulating value (market) of the alienated real estate, 400.545 euros, that is the amount of 149.455 euros.

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