Law No. 78 Of 8 May 2000 For The Prevention, Discovery And Sanctioning Of Acts Of Corruption

Original Language Title:  LEGE nr. 78 din 8 mai 2000 pentru prevenirea, descoperirea şi sancţionarea faptelor de corupţie

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Law No. 78 of 8 May 2000 (* updated *) for preventing, discovering and sanction of corruption (applicable as from 1 February 2014 *)-PARLIAMENT ISSUING — — — — — — — — — — — — the Parliament of Romania adopts this law.


Chapter I General provisions Article 1 (1) this Act establishes measures for the prevention, sanction and the discovery of corruption and applies to the following persons: a) having public function, irrespective of the manner in which they are invested, as part of the public authorities or public institutions;
  

b) satisfying, temporarily or permanently, according to the law, a function, or a pregnancy, insofar as they participate in making decisions or you can influence, in public services, public corporations, companies, national companies, cooperative societies, units or other economic agents;
  

c) exercising supervisory duties, according to the law;
  

d) grant assistance of specialized units referred to. the a and b)), to the extent that participate in decision-making or influence;
  

(e)) which, regardless of their quality, controls or grant assistance, insofar as they participate in making decisions or you can influence with regard to: operations that train circulation of capital, Bank operations, Exchange or credit, placement operations in insurance, scholarships, placement in the mutual respect of times bank accounts and those treated as such commercial transactions, both domestic and international;
  

f) holding a leadership function in a political party or a political formation in a Trade Union, employers ' organization in a fold in a non-profit association or Foundation;
  

g) other persons than those referred to in subparagraph (a). a)-f), as provided by law.
  


Chapter II specific rules of behavior regarding certain categories of persons, for the purpose of prevention of corruption Article 2 persons referred to in art. 1 are obliged to perform duties delegated to them from the exercise of powers or functions delegated, insarcinarilor, complying with strict laws and rules of professional conduct, and ensure the protection and realization of the rights and legitimate interests of citizens, without the use of the functions, powers, insarcinarile times to acquire for themselves or for other people's money, goods or other undue benefits.


Article 3 (1) the persons referred to in art. and (b). the) as well as individuals who hold leadership roles, including directors, up, within the framework of the autonomous public corporations, national companies, national companies, companies in which the State or a local government authority is a shareholder, public institutions involved in the implementation of the privatization process, the National Bank of Romania, the banks in which the State is a major shareholder, are required to declare their wealth under the conditions provided for by law No. 115/1996 on the Declaration and control of assets together dignitaries, magistrates, civil servants and persons with managerial functions.
  

(2) failure to apply the Declaration of wealth by the persons referred to in paragraph 1. (1) draw ex officio procedure, triggering control property according to law nr. 115/1996.
  


Article 4 (1) the persons referred to in art. and (b). ) and (c)) are required to declare, within 30 days of receipt, any direct or indirect donation times manual gifts received in connection with the exercise of their duties or functions, except those that have a symbolic value.
  

(2) the provisions of law No. 115/1996 on the method declaration of wealth is applied properly and in the case referred to in paragraph 1. 1. Chapter III Offences section I Categories of crimes in article 5 (1) for the purposes of this law, corruption offences are offences under article 4. 289-292 of the penal code, including when they are committed by persons referred to in art. 308 of the penal code.
  

(2) for the purposes of this law, are treated as criminal offences of corruption offences the crimes referred to in article 1. 10-13. (3) the provisions of this law shall be applicable to offences against the financial interests and of the European Union. 18 ^ 5 ^ 1-18, by sanctioning which ensure protection of funds and resources of the European Union.
  

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Art. 5 was amended by section 1 of article. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Section 2 of the Offences of corruption Article 6 bribery offences, as referred to in art. 289 of the penal code, the reported bribes referred to in art. 290 of the penal code, trafficking in influence, referred to in art. 291 of the penal code, and buying influence, referred to in art. 292 of the penal code, is punishable under the provisions of those texts. The provisions of article 308 of the penal code shall apply accordingly.
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Art. 6 was amended by paragraph 2 of article 9. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 6 ^ 1 Repealed.
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Art. 6 ^ 1 was repealed by section 3 of article 9. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 7 the facts of taking bribes or peddling influence perpetrated by a person who: (a) exercises a function of) public dignitaries;
  

(b) a judge or Prosecutor) is;
  

c) is criminal investigation organ or charge in respect of contraventions of the sanction times;
  

d) is one of the persons referred to in art. 293 of the penal code shall be sanctioned with punishment provided for in art. 289 or 291 of the penal code, whose limits are increased by one third.
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Art. 7 was amended by paragraph 4 of art. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 8 Repealed.
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Art. 8 was repealed by section 5 of art. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 8 ^ 1 Repealed.
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Art. 8 ^ 1 was repealed by section 5 of art. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 8 ^ 2 Repealed.
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Art. 8 ^ 2 was repealed by section 5 of art. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 9 Repealed.
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Art. 9 it was repealed by section 5 of art. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Section 3 of the Offences assimilated to corruption offences Article 10 shall constitute offences and are punishable by imprisonment from 3 to 10 years and the prohibition of certain rights following acts if they are committed for the purpose of obtaining for himself or for another, money, goods or other undue benefits: a) the establishment, with the intent of a diminished values vs. actual commercial value goods belonging to the operators to which the State or a local government authority is a shareholder, committed in the context of privatization and execution times, reorganisation or liquidation at a judicial or commercial operations, or property belonging to the public authority or public institution, as part of a sale of their shares or execution, committed by those who have powers of leadership , administration, management, and execution for the reorganization, judicial liquidation times;
  

b) subsidies in violation of the law or neurmărirea law, compliance with the destination of subsidies;
  

c) use subsidies for purposes other than those for which they were granted, and use for any other purpose loans secured from public funds or to be reimbursed from public funds.
  

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Art. 10 was amended by section 6 of article. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 11 (1) the Act of the person who, having the task of supervising, controlling, reorganize or liquidate a private economic operator, it meets any task, arranging times makes easier trade ploeştiori or participating with capital financial times at such an economic operator, if the deed is likely to bring, directly or indirectly, constitute an undue offence and is punishable with imprisonment from one year to five years and the prohibition of certain rights.
  

(2) If the Act referred to in paragraph 1. (1) was committed over a period of 5 years following the termination of the assignment, the punishment is imprisonment from 6 months to 3 years or a fine.
  

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Art. 11 has been modified by point 7 of article. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 12 shall be punished with imprisonment from 1 to 5 years following acts if they are committed for the purpose of obtaining for himself or for another, money, goods or other undue benefits: a) making financial transactions, e-commerce, as acts incompatible with the function, attribution or complete that one meets a person times, acquiring financial transactions using information obtained by virtue of the function insarcinarii, atributiei, or;
  

b) use, in any manner, directly or indirectly, by the information not intended for advertising times sharing unauthorized persons from this information.
  


Article 13


The Act is the person who fulfils a function in a political party, in a trade union or employers ' or within a legal person without patrimonial purpose, to use its influence in order to obtain authority for himself or for another, money, goods or other undue benefits, shall be punished with imprisonment from one to five years.
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Art. 13 has been amended point 7 of article. I of title I of book II of the law nr. 161 of 19 April 2003, published in Official Gazette No. 279 of 21 April 2003.


Article 13 ^ 1 in the case of the offence of blackmail under art. 207 of the criminal code, involving a person of the type referred to in article 1. 1, the limits of the punishment shall be increased by one third.
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Art. 13 ^ 1 was amended by section 8 of article. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 13 ^ 2 in the case of abuse of Office crime or impersonation function, if the public servant has achieved for himself or for another, a kickback, the limits of the penalty shall be increased by one third.
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Art. 13 ^ 2 has been modified by point 9 of article. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 14 Repealed.
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Art. 14 was repealed by paragraph 10 of article 10. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 15 Attempted offences provided for in this the section is punished.


Article 16 where the acts referred to in this section constitute, according to the penal code or special laws, more serious offenses, they are punishable under the conditions and with the sanctions laid down in these laws.


Section 4 of the Offences connected with corruption offences direct Article 17 Repealed.
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Art. 17 was repealed by paragraph 10 of article 10. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 18 Repealed.
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Art. 18 was repealed by paragraph 10 of article 10. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Section 4 ^ 1-Offences against the financial interests of the European Union — — — — — — — — — — — — — — the title of the SEC. the 4 ^ 1 has been changed from point 11 of article 1. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 18 ^ 1 (1) the use or bad faith submission of documents false statements times, inaccurate or incomplete, if the act results in the obtaining of funds from the general budget of the European Union or budgets managed by it or in her name punishable with imprisonment from 2 to 7 years and the prohibition of certain rights.
  

(2) the penalties provided for in paragraph 1. (1) there shall be imposed, failure to provide required data with scientists, according to the law for obtaining funds from the general budget of the European Union or budgets managed by it or in her name, if the act results in getting unfairly to these funds.
  

(3) if the conduct referred to in paragraph 1. (1) and (2) have produced serious consequences, particularly the limits of the punishment shall be increased by half.
  

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Art. 18 ^ 1 has been changed from point 12 of article 4. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 18 (1) ^ 2 Change, without complying with the legal provisions, the destination of the funds obtained from the general budget of the European Union or budgets managed by it or in its name shall be punished with imprisonment from one year to five years and the prohibition of certain rights.
  

(2) Change, without complying with the legal provisions, the destination of a legally obtained benefit, if the act results in diminishing resources from illegal the general budget of the European Union or budgets managed by it or in her name, with punishment shall be imposed pursuant to paragraph 4. 1. (3) if the conduct referred to in paragraph 1. (1) and (2) have produced serious consequences, particularly the limits of the punishment shall be increased by half.
  

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Art. 18 ^ 2 has been modified by item 13 of article. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 18 ^ 3 (1) the use or bad faith submission of documents false statements times, inaccurate or incomplete, resulting in decreasing illegal resources you need are paid to the general budget of the European Union or budgets managed by it or in her name punishable with imprisonment from 2 to 7 years and the prohibition of certain rights.
  

(2) the penalties provided for in paragraph 1. (1) there shall be imposed, failure to provide required data with scientists, according to the law, if the act results in decreasing illegal resources you need are paid to the general budget of the European Union or budgets managed by it or in her name.
  

(3) if the conduct referred to in paragraph 1. (1) and (2) have produced serious consequences, particularly the limits of the punishment shall be increased by half.
  

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Art. 18 ^ 3 was amended by point 14 of article. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 18 ^ 4 Attempted offences referred to in articles. 18 ^ 1-18 ^ 3 is punished.
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Art. 18 ^ 4 was introduced by the pct, article 18. I of title I of book II of the law nr. 161 of 19 April 2003, published in Official Gazette No. 279 of 21 April 2003.


Article 18 ^ 5 violations of negligence by the Director, Manager or person with powers of decision times control under an economic operator to an unfair burden, through failure to fulfil its faulty, or if the act resulted in the commitment of a person who lies under, and acting on behalf of that economic operator of one of the offences mentioned in article 1. 18 ^ 1-18 ^ 3 or committing a crime of corruption times of money laundering in connection with European Union funds, shall be punished with imprisonment from six months to three years or by a fine.
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Art. 18 ^ 5 was amended by point 15 of article 2. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Section 5 common Provisions article 19 Repealed.
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Art. 19 was repealed by paragraph 16 of article. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 20 where it has committed an offense of those provided for in this chapter, taking precautionary measures.


Chapter IV procedural Provisions section 1 General provisions Article 21 Repealed.
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Art. 21 was repealed by section 1 of article. 41 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 22 in the case of offences covered by this law, criminal prosecution is carried out compulsorily by the Prosecutor.
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Art. 22 was amended by the pct, article 19. I of title I of book II of the law nr. 161 of 19 April 2003, published in Official Gazette No. 279 of 21 April 2003.


Section 2 Special Provisions relating to the discovery and tracking of offences in article 23 (1) persons with powers of inspection are obliged to notify the criminal investigation body or, where appropriate, the savarsirii body of crime, law, approved regarding any data which shows hints that it has conducted an operation or a tort which could attract criminal liability According to this law.
  

(2) persons with powers of inspection are obliged, in the course of carrying out its inspection Act, to ensure and preserve traces of the crime, of crimes and all forms of sample that can serve the penal investigation bodies.
  


Article 24 the persons referred to in art. and (b). e) who know what train operations capital circulation or other activities. 1, concerning the amounts of money, goods or other values that supposedly come from corruption offences or assimilated or from offences related thereto, are obliged to refer the criminal investigation bodies or, when appropriate, finding bodies of savarsirii crime times control bodies authorized by law.


Article 25 (1) Fulfilling in good faith obligations under article 4. 23 and 24 do not constitute a breach of professional secrecy or banking and do not attract criminal liability, civil or disciplinary.
  

(2) the provisions referred to in paragraph 1. (1) applies even if the investigation or prosecution of acts reported led to the neinceperea or the cessation of the criminal acquittal.
  

— — — — — — — — — — — —-. (3) art. 25 was repealed by article item 20. I of title I of book II of the law nr. 161 of 19 April 2003, published in Official Gazette No. 279 of 21 April 2003.

(4) failure to comply with the bad faith of the obligations laid down in article 21. 23 and 24 shall constitute infringement and is punishable by imprisonment from 6 months to 5 years if the Act does not constitute a more serious offense.
  

— — — — — — — — — — —-. (4) article. 25 has been amended from point 17 of article. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

(5) If the Act referred to in paragraph 1. (4) has been committed through negligence, the penalty is imprisonment from 3 months to 2 years or a fine.
  

— — — — — — — — — — —-. (5) article. 25 was introduced by the pct, article 18. 79 of the law nr. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.



Article 26 of the Banking Secrecy and professional secrecy, except in the case of lawyer exercised in accordance with the law, shall not apply to the Prosecutor, after the commencement of prosecution, and any court judgment.
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Art. 26 was amended by paragraph 2 of article 9. 41 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 26 ^ 1 Repealed.
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Art. 26 ^ 1 was repealed by section 3 of article 9. 41 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 27 Repealed.
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Art. 27 was repealed by section 3 of article 9. 41 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 28 Repealed.
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Art. 28 was repealed by article. EMERGENCY ORDINANCE NO. 34 from No. 43 of 4 April 2002, published in Official Gazette No. 244 of 11 April 2002.


Article 29 (1) to the first court hearing of the criminal offences referred to in this law shall constitute complete.
  

— — — — — — — — — — — —-. (2) of article 9. 29 has been repealed by article 16. V of the EMERGENCY ORDINANCE nr. 50 of 28 June 2006, published in MONITORUL OFICIAL nr. 566 of 30 June 2006.

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Art. Amended 29 of point 23 of article. I of title I of book II of the law nr. 161 of 19 April 2003, published in Official Gazette No. 279 of 21 April 2003.


Section 3 common Provisions Article 30 Repealed.
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Art. 30 was repealed by section 3 of article 9. 41 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 31 Repealed.
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Art. 31 it was repealed by section 3 of article 9. 41 of the law nr. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Chapter V final provisions Article 32 Repealed.
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Art. 32 pct was repealed by article 25. I of title I of book II of the law nr. 161 of 19 April 2003, published in Official Gazette No. 279 of 21 April 2003.


Article 33 any provisions contrary to this law are hereby repealed.

This law was adopted by the Chamber of Deputies and Senate in session Township April 12, 2000, in compliance with the provisions of art. 74 para. (1) and of article 23. 76 para. (2) of the Constitution of Romania.
The PRESIDENT of the CHAMBER of DEPUTIES ION DIACONESCU, PRESIDENT of SENATE of p. MARIANA NICOLAE SADR — — — — — — — — — — — —