Protecţia penală a achiziţiilor publice în legislaţia română

CLEMENT-MIHAI RESMERIŢĂ*

* e-mail: mihai.resmerita@gmail.com

Procuror - Direcţia Naţională Anticorupţie

ABSTRACT

This article deals with the matter of criminal protection in the field of public procurement and tries to formulate an answer to the question of whether the intervention of criminal law is needed in the field of public procurement, by referring to the existing judicial practice but also to the comparative law in the matter.

For this purpose, firstly, the legal texts that punish illegal conduct in relation to public procurement procedures in Romania are identified, with the highlighting of regulatory shortcomings, as well as with some answers of judicial practice in this regard.

The analysis of comparative law in the matter is intended to show other ways of dealing with this essential field of public procurement, with the indication of some legal patterns and the challenges encountered by judicial practice related to some...