HINTERMANN & FRONTMANN. Controlul asupra faptei şi teoria Organisationsherrschaft în contextul infracţiunii de corupere a alegătorilor
HINTERMANN & FRONTMANN. Control over the act and the Organizationsherrschaft theory in the context of the voter corruption crime

Summary/Abstract: Through this paper, I am aiming mainly to reveal the mechanism of application of a criminal participation model crystallized in German doctrine and practice, in reference to the crime of voter corruption committed by material executors on behalf of and/or for the benefit of political parties. The approach aims at outlining a legal instrument, applicable in the national regulatory framework, which would expose the political party in the essential antechamber of material facts. At the same time, I appreciate that the need to probe such a mechanism is grafted on the following coordinates: the textual deficiencies of the norm of criminalizing voters, respectively the functional insufficiencies of the forms of criminal participation in conjunction with the desideratum of adapting criminal policy to social realities, tangential to this crime.

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