Conflictul penal de interese

dr. MIHAI VIOREL TUDORAN*

* e-mail: tudoran_mihai@yahoo.com

Judecător, preşedinte Secţia penală - Curtea de Apel Ploieşti

ABSTRACT

This study deals from a theoretical point of view with the offence of conflict of interests in the light of its new regulation by the provisions of Article 301 of the Criminal Code. It also has in view some decisions of the Constitutional Court and of the High Court of Cassation and Justice which bring clarifications and simultaneously place on a constitutional path the legal text mentioned above. Within the paper it is also made a comparative analysis between the criminal incrimination of the conflict of interests and other provisions covering administrative aspects of this notion.

Keywords: conflict of interests; patrimonial use; public servant; job duties; sanction.

Introducere. Infracţiunea de conflict de interese a fost introdusă în legislaţia românească - art. 253din vechiul C. pen. - prin art. I pct. 61 din Legea nr. 278/2006...