Danubius International Conferences, 19th International Conference on European Integration - Realities and Perspectives
Some Considerations Regarding Corruption Crimes Committed by Public Servants with Special Status within the Ministry of Internal Affairs
Last modified: 2024-04-29
Abstract
Objectives: In this paper, we aim to highlight a number of aspects related to corruption offenses provided for by the Criminal Code and Law no. 78/2000 for the discovery, prevention and sanctioning of acts of corruption, committed by public servants with special status within the Ministry of Internal Affairs (MAI).Work At the same time, in carrying out this study we aimed to emphasize a special concern for the prevention and combating of these crimes by identifying the risks and vulnerabilities existing within the Romanian Police that can influence the correct functioning of this structure.Corruption among public servants with special status within the MAI erodes moral values, mainly integrity, a trait that requires them to exercise their duties according to certain values and principles, without compromise.We believe that an important role in reducing corruption among police officers and in preventing these acts can also be played by toughening the penalties applied, although, at present, there is an aggravated version of the sanctioning of acts of corruption committed by police officers, provided for in art. 7 of Law no. 78/2000, a variant that consists in sanctioning with the penalty provided for in art. 289 and 291 C. pen., whose limits are increased by one third.Here are a number of approaches used in this research method design. The main methods employed were survey, observation and case study.Results: Therefore, at the end of our study, we propose, de lege ferenda: as, in the case of the crime of outrage(art. 257 C. pen) there is a paragraph in which the sanction is provided with the penalty provided by law whose limits are increased by half if the crime is committed against a policeman in the exercise of his duties, the punishment applied based on the special quality of the victim, a policeman, the same should be done in the case of the crime of bribery (art. 289 of the Penal Code .) respectively, the addition of a new paragraph stipulating that if the acts were committed by a police officer in the exercise of his duties, he shall be punished with the punishment provided by law for that crime, the limits of which are increased by half.Value:We believe that these legislative additions are required in order to reduce the phenomenon of corruption among policemen, thus, the risks they are exposed to in the case of bribery being aware also from the perspective of the harsher sanctioning regime.We mention the fact that this study was integrated into the dissertation work of the graduate Nela SĂLCIANU, graduate of the Criminal Sciences master's degree program of the Faculty of Law of the "Danubius" University, in March 2024, under the scientific coordination of Mrs. Univ. Dr. Ana Alina IONESCU DUMITRACHE.