EXERCITAREA ATRIBUŢIILOR ÎN SECTORUL PUBLIC ÎN SITUAŢIE DE CONFLICT DE INTERESE: ABORDĂRI DOCTRINARE PRIVIND OPORTUNITATEA DE INCRIMINARE

Abstract

The obligation of the Republic of Moldova to establish criminal liability for the acts of exercising duties in the public sector in a conflict of interest situation does not derive from the international normative acts of reference. In art. 3261 of the Criminal Code of the Republic of Moldova the consummated conflict of interest is criminalized, not the potential conflict of interest or the real conflict of interest. Therefore, the conflict of interest that presents the highest prejudicial degree is criminalized. Moreover, the purpose of obtaining, directly or indirectly, a patrimonial advantage whose value exceeds 10,000 conventional units, which is mentioned in art. 3261 of the Criminal Code of the Republic of Moldova, allows the delimitation of the criminal offense from the disciplinary offense. This value threshold is necessary and sufficient to make such a delimitation. Considering these aspects, we agree with the quasi-unanimous doctrinal opinion favoring the criminalization of acts of exercise of powers in the public sector in situations of conflict of interests.