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EFFECTS OF THE ABSENCE OF THE SPECIAL QUALITY OF THE SUBJECT OF THE OFFENSES PROVIDED FOR IN art.333 OF THE CRIMINAL CODE
Authors: Cristian BRÎNZA
Number of views: 159
This article analyses if art.333 and art.334 of the Criminal Code of the Republic of Moldova could be applied in situations where: 1) the form required by law for the appointment, election or assignment of an arbitrator elected or appointed to solve a dispute by arbitration, the person administering a commercial, social, or other non-state organisation, the person working for such an organisation or the participant in a sports betting event, was not observed; 2) the duties of an arbitrator elected or appointed to solve a dispute by arbitration, of a person administering a commercial, social, or other non-state organisation, of a person working for such an organization or of a participant in a sports betting event are exercised in fact, not in law. As a result of the analysis of the criminal doctrine, of the criminal and extra-criminal regulations from the legislation of the Republic of Moldova, as well as of the regulations from the criminal laws of other states, it is concluded that the person who exercises in fact, not in law, the duties of an arbitrator elected or appointed to resolve a dispute by arbitration, of a person administering a commercial, social, or other non-state organization, of a person working for such an organisation or of a participant in a sports betting event, is not the subject of the offenses provided for in art.333 CC RM. At the same time, according to art.27 and 334 CC RM, the one who promises, offers or gives, personally or through an intermediary – to a person they consider to exercise in law the duties of an arbitrator elected or appointed to resolve a dispute by arbitration, of a person administering a commercial, social, or other non-state organisation, of a person working for such an organisation or of a participant in a sports betting event, shall be held liable, although, for reasons beyond the control of the bribe-taker, that person exercises in fact the duties - money, securities, other goods, or material advantages in any form, which do not belong to the person whom the briber is trying to bribe, for themselves or for another person, in order to undertake or not to undertake or to delay or to speedup actions being in the exercise of their function or contrary to it or in a sports betting event.