Exercitarea atribuțiilor în sectorul public în situație de conflict de interese: Conotații juridico-penale [Articol]

Abstract

The present study aims to address the problems of applying and interpreting the criminal law regarding the duties performance offence in the public sector in a conflict of interests from the point of view of the doctrinal sources in the field, but also from the perspective of some comparative models of incrimination of the respective act. To achieve this purpose, an interconnection has been made between the incriminating framework and some extra-reference laws, thanks to which it was possible to deduce the social danger degree of the deed, the content and the specific normative modalities of the harmful action enshrined in article 3261 Criminal Code, the moment of crime consummation, but also the particularities of perpetrator psychic attitude.