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This article deals with the matter of criminal protection in the field of public procurement and tries to formulate an answer to the question of whether the intervention of criminal law is needed in the field of public procurement, by referring to the existing judicial practice but also to the comparative law in the matter. For this purpose, firstly, the legal texts that punish illegal conduct in relation to public procurement procedures in Romania are identified, with the highlighting of regulatory shortcomings, as well as with some answers of judicial practice in this regard. The analysis of comparative law in the matter is intended to show other ways of dealing with this essential field of public procurement, with the indication of some legal patterns and the challenges encountered by judicial practice related to some legal texts intended to combat the criminal phenomenon related to public procurement. The paper also contains the author's point of view regarding the regulation of the framework of the criminal protection of social values related to public procurement and some proposals for the reconfiguration of some offences. [ABSTRACT FROM AUTHOR]

Starting with the identification of the legal provisions regarding the criminalisation of anticompetitive behaviours in the Romanian legislation, the present study reveals the main shortcomings of the provision included in Article 5 letters e) from Law no. 11/1991 regarding the combating of unfair competition in the competitive market, which punishes the illegal use, by a civil servant, of a trade secret of which he has become aware of in the exercise of his duties, insofar as it has affected the interests or the activity of a company. Also, the author carries out a detailed analysis of the main elements of the chosen offence, starting with the very meaning and legal structure of the notion of commercial secret and also addressing problematic aspects regarding the relationship between the present offense and other criminal offenses that involve relevant similarities. [ABSTRACT FROM AUTHOR]

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CONSTITUTIONAL COURT DECISIONS ARE NOT DIRECTLY APPLICABLE IN PRACTICE BECAUSE THEY CAN NOT MAKE A MANDATORY LEGAL INTERPRETATION FOR THE JUDICIAL BODIES OR DIRECTLY ALTER THE CONTENT OF CRIMINAL LAWS. THEY ARE ADDRESSED TO THE LEGISLATIVE BODIES, WHICH MUST REMOVE THE NON-CONSTITUTIONALITY ASPECTS OF THE LEGAL CONTENT OF SOME CRIMES; OTHERWISE, THE RESPECTIVE INCRIMINATIONS ARE DISCRIMINATED. [ABSTRACT FROM AUTHOR]

Interpretation and implementation of the provision of the article 12 letter a from Law no 78/2000, republished (offences assimilated to corruption offences), respectively whether the stipulation of "use of information obtained by virtue of position, competence or assignment" represents an inherent condition for the first version of the above-quoted offence (carrying out commercial activities which are conflicting an individual's position, competence or assignment), is important for shaping a coherent and predictable judiciary practice, as also requested by article 6 from European Convention of Human Rights (ECHR). This paper intends to analyse the national jurisprudence of the above interpretation and to elucidate the issue from an academic perspective. [ABSTRACT FROM AUTHOR]

Prezentul studiu este consacrat determinării concrete a momentului în care abuzul de putere sau abuzul de serviciu finalizează a mai fi o faptă contravenţională în sensul art.312 Cod contravenţional, metamorfozându-se într-o faptă pre­judiciabilă care este incriminată în sfera ilicitului penal, la concret – la art.327 CP RM. Obiectivul enunţat ridică nume­roase probleme, dat fiind interpretarea neunitară a conţinutului unor semne ce constituie criterii de demarcaţie între numitele fapte, care, la rândul lor, au ocazionat o insecuritate juridică; or, destinatarul şi beneficiarul legii penale rămân într-o incertitudine asupra sferei de aplicare a uneia dintre legi: penale ori contravenţionale. Astfel privite lucrurile, în lucrare au fost soluţionate unele chestiuni principiale referitoare la motivul de operare al făptuitorului în contextul folosirii situaţiei de serviciu şi la urmările prejudiciabile rezultate dintr-o astfel de activitate, ceea ce ne-a permis disocierea infracţiunii prevăzute la art.327 CP RM de contravenţia cu aceeaşi denumire consacrată în art.312 Cod contra­venţional. ABUSE OF POWER OR ABUSE OF SERVICE: DEMARCATION OF CRIMINAL AND CONTRAVENTION IILICITThis article is devoted to the concrete determination of the moment in which the abuse of power or abuse of service finishes with a contravention deed of Article 312 from Contravention Code, changing completely in a prejudicial deed which is charged in the criminal illicit sphere specifically in Article 327 Criminal Code. The stated objective raises many problems given the heterogeneous interpretation of the signs’ content which constitute demarcation criteria between called facts, which in turn have brought legal insecurity or the recipient and beneficiary of Criminal Law remains in an uncertainty over the application sphere of one of the laws: criminal or contravention. Beyond that, in this paper were solved some issues related to the operating reason in the context of situation use and to the harmful consequences resulting from this activity, the fact which allowed the author to dissociate the infringement referred to Article 327 Criminal Code the contravention with the same name enshrined in Article 312 Contravention Code.