Influence peddling. Preparatory acts

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

As the influence peddling is immediate and of anticipated consummation, in the case of committing the offence directly by the author, the simple claim, receipt or acceptance of the promise of money or other advantage shall result in the consummation of the offence, insofar as the other essential requirements specific to the objective side of the offence are met. In the case of committing the offence in one of the forms of criminal participation, the communication only to the accomplice of the fact that the author has an influence on a public official and that he promises to intervene on him in exchange of an amount of money or other advantage, not followed by the actual claim thereof from the prospective beneficiary, shall be preparatory acts of the offence of influence peddling, which shall not be punished. The solution of classification based on the provisions of Article 16 para. 1 letter b) the 2nd sentence of the Code of Criminal Procedure ordered by the indictment against the perpetrator shall not have any authority of res judicata as regards the legal situation of the participant in the same offence against whom a legal action was taken. Thus, if evidence shows that the offence does not exist in its materiality, the acquittal shall be ordered for the participant according to Article 16 para. 1 letter a) of the Code of Criminal Procedure.