Part IV

Florentina DRAGOMIR, Ph.D. candidate, “Judge of the Bucharest Court of Appeals, Offenses of Abuse of Office and Conflict of Interest in the New Criminal Code”

In an effort to harmonize the general provisions of the framework criminal law with the special provisions, the new Criminal Code proposes a new structure for offenses committed in the course of or in connection with official duties. This category brings together, based on the nature of the social relationships that constitute the generic legal object, the provisions criminalizing acts committed in the exercise of office or in connection therewith, those concerning acts of corruption in the exercise of office, new criminal offenses regarding acts committed against a person’s property or freedoms, as well as provisions contained in special laws. The new elements concern the reorganization of the definition of the offense of abuse of office, the redefinition of the concept of public official, the inclusion in the category of acts of corruption of those committed by foreign officials and members of arbitration tribunals, the reduction of the limits on principal penalties, and the inclusion of an additional penalty regarding the prohibition on holding public office or practicing a profession or activity in the course of which the offense is committed.

Keywords: New Criminal Code, official misconduct, public official, abuse of office