Aspects relating to non-compliance with the legal provisions on the purchase of services by The Public Ministry. Conflict of interest. The cases in which the prosecutor can no longer represent the institution Cover Image
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Aspecte referitoare la nerespectarea dispozițiilor legale cu privire la achiziționarea de servicii de către Ministerul Public. Conflictul de interese. Cazurile în care procurorul nu mai poate reprezenta instituția
Aspects relating to non-compliance with the legal provisions on the purchase of services by The Public Ministry. Conflict of interest. The cases in which the prosecutor can no longer represent the institution

Author(s): Mihai Dogaru
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: acquisition of services; contract nullity; conflict of interest; embezzlement; usurpation of office;

Summary/Abstract: This article refers to situations in which the Public Ministry contracts the expert services of accountants, evaluation experts, in constructions etc. in criminal cases, and the payment of these services is made from public money. Failure to comply with public procurement law, tax law and its own internal rules of operation entails the absolute nullity of contracts between the public Ministry and experts, with the inevitable consequence of the illegal management of the test with expertise. This declaration of nullity also concerns judicial decisions in criminal proceedings, trials in which - in certain situations - the prosecutor can no longer represent The Public Ministry because of the conflict of interest in which he is with that institution.

  • Issue Year: XVIII/2019
  • Issue No: 12
  • Page Range: 711-718
  • Page Count: 8
  • Language: Romanian