Obiectul juridic de subgrup al infracțiunilor de exercitare a atribuţiilor în sectorul public în situaţie de conflict de interese

Abstract

In the context of the offenses provided by the art. 3261 of the Criminal Code of the Republic of Moldova, the patrimonial advantage obtained by the subject of these offenses cannot be regarded as illicit remuneration. On the contrary, the commission of corruption offenses cannot be conceived in the absence of illicit remuneration. We have no grounds to state that, in all cases, the offenses provided by the art. 3261 of the Criminal Code of the Republic of Moldova, are committed either together with an act of corruption, or in direct connection with an act of corruption. The offenses specified in the art. 3261, 327-329, 3301, 3302, 332, 3321 and 3322 of the Criminal Code of the Republic of Moldova, have the same juridical object of subgroup. This object is formed by social relations regarding the good conduct of activity in the public sphere, incompatible with that violation of service obligations that is not directly related to corruption.