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THE JURIDICAL-PENAL IMPLICATIONS OF THE ADOPTION OF LAW NO.133/2016 AND LAW NO.134/2016
Authors: Sergiu BRÎNZA, Vitalie STATI
Number of views: 416
The subject of the present investigation is the juridical-penal implications of the adoption of Law No.133/2016
and Law No.134/2016. As a result, there is established that the special legal object of the offence specified in par.(3) art.3301 PC RM is represented by the social relations with regard to the proper conduct of work activities in the public sector, which involves, among other thing, assuring the inviolability of secret information made in the declarations of wealth and personal interests. It is pointed out that the immaterial object of the offence under par.(3) art.3301 PC RM
is the information from the declarations of wealth and personal interests, information that has become known in the process of performance of work duties or by exercising control. It is argued that the victim of the offence in question
is the person who has any of the following special qualities: 1) the subject of made declaration (including the person working as an information and security officer or as an investigations officer within a special missions subdivision of the Ministry of Internal Affairs, the Ministry of Defense, the National Anticorruption Authority, the Information and Security Service, the State Protection and Guard Service, of the Department of penitentiary institutions of the Ministry of Justice or the Customs Service); 2) a family member of the subject of made declaration; 3) the concubine of the subject of made declaration. There are also analyzed the alternative normative proceedings of the prejudicial act set forth in par.(3) art.3301 PC RM: 1) the disclosure; 2) the publication. It is shown that the subject of the offence under par.(3) art.3301 PC RM must have one of the following special qualities: 1) the person in charge of collecting the declarations of wealth and personal interests, designated by the chairman of one of the public institutions where all employees, according to Law No.133/2016, are required to file such declarations; 2) the President, the Vice President, the integrity inspector or any other member of the staff of the National Integrity Authority; 3) a member of the Integrity Council. It is also emphasized why it was not appropriate to supplement art.3521 PC RM with paragraph (2). It is then established that, with regard to the offence referred to at par.(2) art.3521 PC RM, the special legal object is formed by the social relations on the public trust in the declarations of wealth and personal interests. On this issue, it is concluded that, if several incomplete or false information is intentionally included in the declarations of wealth and personal interests, the offence in question has a material object, which is the genuine declaration of wealth and personal interests. In the same line of ideas, the outcome of the offence specified in par.(2) art.3521 PC RM is the declaration of wealth and personal interests containing incomplete or false information. It is argued that the prejudicial act referred to at par.(2) art.3521 PC RM has two alternative normative proceedings, of action and of inaction. It is revealed that the purpose of the offence specified in par.(2) art.3521 PC RM is manifested by the subject’s desire to cover his/her unjust enrichment. It is then established that the subject of the offence in question has the special quality of the subject of made declaration, within the meaning of art.3 of Law No.133/2016.