Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
  • Summary
  • trimite
  • Scientific Life

ISSUES REGARDING THE OFFENCE STIPULATED BY ARTICLE 12 LETTER A FROM LAW NO 78/2000. JURISPRUDENCE

Adrian ALDEA

Interpretation and implementation of the provision of the article 12 letter a from Law no 78/2000, republished (offences assimilated to corruption offences), respectively whether the stipulation of "use of information obtained by virtue of position, competence or assignment" represents an inherent condition for the first version of the above-quoted offence (carrying out commercial activities which are conflicting an individual's position, competence or assignment), is important for shaping a coherent and predictable judiciary practice, as also requested by article 6 from European Convention of Human Rights (ECHR). This paper intends to analyse the national jurisprudence of the above interpretation and to elucidate the issue from an academic perspective.

 

DOWNLOAD FULL ARTICLE pdf