Incrimination of passive bribery in the Romanian criminal legislation

Abstract

The present study shows how the Romanian criminal law incriminated passive bribery, in accordance with the obligations assumed by Romania through the two international conventions on corruption - the Criminal Law Convention on Corruption and the Civil Law Convention on Corruption. As regards the incrimination of the passive bribery of public officials, Article 289 of the new Criminal Code criminalizes the taking of bribery, and, as concerns corruption in the private sector, Article 308 of the same code stipulates that the incriminating provisions regarding acts of corruption apply correspondingly also to the acts committed by or in connection with persons who exercise, permanently or temporarily, with or without payment, an assignment of any nature in the service of a natural person from those referred to in Article 175 para. (2) within any legal person.