Luarea de mită. Atribuțiile de serviciu cu privire la care se poate săvârși infracțiunea
Taking bribes. Duties of service in respect of which the offense may be committed

Summary/Abstract: An essential condition to be met for the retention of the crime of bribery is that the active subject has the necessary competence to perform the promised act in exchange for receiving undue benefits. Starting from a practical case, we will highlight the fact that in order to be able to retain the crime of bribery by the civil servant, the receipt of sums of money must be related to the exercise of an effective duty of service. If the civil servant acts outside his/her duties, the bribery offense cannot be retained, as the bribe-taker has been misled, having only the representation that the act can be legally performed by the active subject of the offense. By exceeding the service attributions, the civil servant will not be an active subject of the crime of bribery but will be able to answer for the crime of deception. We consider that an ascertaining agent within the Police Inspectorate, the Road Directorate, which although has as its attributions the ascertainment of contraventions and the application of sanctions under the law, in the absence of an express delegation to carry out a control over a certain road sector, will not be active subject to the crime of bribery even in the event of receiving undue benefits.

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