GRADINARU Daniel, Inalta Curte de Casatie si Justitie, Traficul de influenţă. Consumarea infracţiunii. Spălarea banilor. Concurs de infracţiuni

Articole
Publicare: Revista Romana de Jurisprudenta 1 din 2020
Autori:
Tip: Jurisprudenta

Traficul de influenţă. Consumarea infracţiunii. Spălarea banilor. Concurs de infracţiuni

Traficul de influenţă. Consumarea infracţiunii. Spălarea banilor. Concurs de infracţiuni

Influence peddling. Consummation of a crime. Money laundering. Concurrence of offences

Abstract

The influence peddling is an offence with anticipated consummation, which means that it was consumed when the defendant claimed an amount of money. Subsequently, the defendant concluded the legal assistance contract with the witness, in which the claimed amount was included as a retainer fee due for legal assistance services which the defendant would have provided to the witness. Therefore, the defendant acquired a receivable right (the fee due) toward the witness, the respective right being placed over the amount of lei 40,000. Therefore, for the consummation of the offence of money laundering it is not relevant, compared to the manner of committing the predicate offence, if the amounts of money representing the object of their agreement were actually paid. Thus, the offence of money laundering was...

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