Influence peddling. Consummation of a crime. Money laundering. Concurrence of offences

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The influence peddling is an offence with anticipated consummation, which means that it was consumed when the defendant claimed an amount of money. Subsequently, the defendant concluded the legal assistance contract with the witness, in which the claimed amount was included as a retainer fee due for legal assistance services which the defendant would have provided to the witness. Therefore, the defendant acquired a receivable right (the fee due) toward the witness, the respective right being placed over the amount of lei 40,000. Therefore, for the consummation of the offence of money laundering it is not relevant, compared to the manner of committing the predicate offence, if the amounts of money representing the object of their agreement were actually paid. Thus, the offence of money laundering was committed by the defendant, subsequently to committing the offence of influence peddling, by distinct, autonomous actions, those two offences being committed in an actual concurrence according to Article 38 para. 1 of the Criminal Code.