Obiectul juridic generic al exercitării atribuţiilor în sectorul public în situaţie de conflict de interese: conotaţii de drept comparat

Abstract

The generic juridical object is common for the offenses provided by the same chapter of the criminal law. In the present investigation, we propose to establish the comparative law connotations of the generic juridical object of the offenses provided by the art. 3261 “The exercise of duties in the public sector in a situation of conflict of interests” of the Criminal Code of the Republic of Moldova. In foreign criminal laws, the generic juridical object of the exercise of duties in the public sector in a situation of conflict of interests, is designed according to the criminal policy priorities of each state. It would not be correct at all to say that a wrong approach is established in those foreign criminal laws where the generic juridical object of the respective offenses is formed by the social values (and associated social relations) protected against: corruption and/or abuse of office; financial offenses. Simply, in the respective states (Luxembourg, Nigeria, Norway etc.), the emphasis of criminal policy is placed in a different way than in the criminal law of the Republic of Moldova.