Infracțiunea de conflict de interese săvârșită de către directorul executiv al Centrului Județean din cadrul Agenției de Plăți și Intervenție pentru Agricultură
The conflict of interest offence perpetrated by the executive manager of the County Centre of the Agency of Payments and Intervention for Agriculture

Summary/Abstract: Culpability exists as long as the accused, in the capacity as an executive manager of the County Centre of the Agency for Payments and Intervention for Agriculture, acted intentionally, and not from his fault, being known, from the very beginning, that his wife held shares in the commercial company beneficiary of the payments within the programs for support according to surface for the 2009 campaign, and by the approval of the legally paid amounts, the wife indirectly acquired, through the intermediary of the company, an undue patrimonial advantage, which fulfilled the constitutive elements of the conflict of interest offence. On the other hand, in the absence of the approval by the accused, the above-mentioned payments could not have been made, since he also had supervisory competences in relation to documents of his subordinates. In this case, the conditions provided under art. 80 of the Criminal Code are fulfilled, so that the dropping of the charges brought to the accused is required.

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