Considerations on the Subjective Aspect of Corruption Offenses
Considerations on the Subjective Aspect of Corruption Offenses

Author(s): Elisabeta Botian
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: subjective aspect; corruption offenses;
Summary/Abstract: The group of corruption offenses in the New Criminal Code presents certain changes to the old legislation and to the subjective side of these types of offenses. Accepting and offering bribes can now be done with both direct and indirect intent because the legislator has removed the condition of purpose from the subjective side of the offenses. In this way, the range of acts considered to be illicit acts of bribe was expanded and there is no need to prove the existence of other psychic processes additional to those specific to guilt. It is sufficient for the activities that make up the material element of the facts to be made in connection with certain acts of service. Influence peddling has also been reformulated, and from its content the psychic processes of the purpose that characterized the intention have disappeared, therefore, this offense can be committed with the form of guilt of intent in both its forms: direct or indirect. The only incrimination in the group of corruption offenses that has maintained the essential requirement of the purpose in the content of the offense is the buying of influence, and the psychic processes of purpose are expressed by an equivalent expression, having the meaning of finality. In this sense of finality, the psychic processes of purpose may have several meanings, and in the case of the offense of buying influence, the meaning of expression used by the legislator is to adopt or obtain a certain conduct.

• Details
• Contents