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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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LEGE no. 78 78 of 8 May 2000 (* updated *) for the prevention, discovery and sanctioning of corruption ((applicable from 1 February 2014 *)
ISSUER PARLIAMENT




--------------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) This law establishes measures to prevent, discover and sanction corruption and apply to the following persons: a) exercising a public office, regardless of the way in which they were invested, within public authorities or public institutions; b) who perform, permanently or temporarily, according to the law, a function or commission, in so far as they participate in decision-making or may influence them, within public services, autonomous regions, companies, companies national, national companies, cooperative units or other economic operators; c) exercising control powers, according to the law; d) providing specialized assistance to the units referred to in lett. a) and b), in so far as they participate in decision-making or may influence them; e) which, regardless of their quality, performs, controls or provides specialized assistance, in so far as they participate in decision-making or may influence them, with regard to: operations that train the movement of capital, bank operations, exchange or credit exchange, placement operations, in exchanges, in insurance, in mutual placement or on bank accounts and those assimilated to them, domestic and international commercial transactions; f) who hold a leading position in a party or a political party, in a trade union, in a employers ' organization or in a non-profit or foundation association; g) other natural persons than those referred to in lett. a)-f), under the conditions provided by law. + Chapter II Special rules of behavior on certain categories of persons, in order to prevent corruption + Article 2 Persons referred to in art. 1 are obliged to perform their duties from the exercise of the duties, duties or tasks entrusted, in strict compliance with the laws and norms of professional conduct, and to ensure the protection and realization of the rights and the legitimate interests of citizens, without using the functions, duties or tasks received, for acquiring for them or for other persons of money, goods or other undue benefits. + Article 3 (1) Persons referred to in art. 1 lit. a), as well as persons holding a leading position, from directors including, up, within autonomous regions, national companies, national companies, companies to which the state or a public administration authority local is a shareholder, public institutions involved in the realization of the privatization process, the National Bank of Romania, the banks to which the state is a majority shareholder, have the obligation to declare their wealth under the conditions Law no. 115/1996 on the declaration and control of the wealth of dignitaries, magistrates, civil servants and persons with management positions. (2) Failure to submit the declaration of wealth by the persons referred to in par. ((1) entails the automatic triggering of the procedure for the control of the estate under the conditions Law no. 115/1996 . + Article 4 (1) Persons referred to in art. 1 lit. a) and c) have the obligation to declare, within 30 days of receipt, any direct or indirect donation or manual gifts received in connection with the exercise of their functions or duties, except those who have a symbolic value. ((2) Provisions Law no. 115/1996 on the modality of the submission of the declaration of wealth shall be applied accordingly and in the case provided in ((1). + Chapter III Offences + Section 1 Categories of crime + Article 5 (1) In the meaning of this law, there are crimes of corruption referred to in art. 289-292 of the Criminal Code, including when they are committed by the persons referred to in art. 308 of the Criminal Code. (2) In the meaning of this law, there are crimes assimilated to corruption crimes referred to in art. 10-13. (3) The provisions of this Law are also applicable to crimes against the financial interests of the European Union provided for in 18 ^ 1-18 ^ 5, by sanctioning which the protection of funds and resources of the European Union is ensured. ------------ Article 5 has been amended by section 6.6. 1 1 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Section 2 Corruption offences + Article 6 The crimes of bribery, provided for in art. 289 of the Criminal Code, bribery, provided in art. 290 of the Criminal Code, influence peddling, provided in art. 291 of the Criminal Code, and purchase of influence, provided in art. 292 of the Criminal Code, are punishable according to the provisions of those laws. Art. 308 of the Criminal Code applies accordingly. ------------ Article 6 has been amended by section 6. 2 2 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 6 ^ 1 Repealed. ------------- Article 6 ^ 1 has been repealed by point (a). 3 3 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 7 Acts of bribery or influence peddling committed by a person who: a) exercise a function of public dignity; b) is a judge or prosecutor; c) is a criminal investigation body or has powers of finding or sanctioning contraventions; d) is one of the persons referred to in art. 293 293 of the Criminal Code is sanctioned with the punishment provided for in art. 289 or 291 of the Criminal Code, whose limits are increased by a third. ------------- Article 7 has been amended by section 7. 4 4 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 8 Repealed. ------------- Article 8 was repealed by point (a). 5 5 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 8 ^ 1 Repealed. ------------- Article 8 ^ 1 has been repealed by point (a). 5 5 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 8 ^ 2 Repealed. ------------- Article 8 ^ 2 has been repealed by section 2. 5 5 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 9 Repealed. ------------- Article 9 was repealed by point (a). 5 5 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Section 3 Crimes assimilated to corruption offences + Article 10 They constitute crimes and are punishable by imprisonment from 3 to 10 years and the prohibition of some rights the following facts, if they are committed for the purpose of obtaining for themselves or for another money, goods or other undue benefits: a) the establishment, with intent, of a diminished value, compared to the actual commercial value, of the goods belonging to economic operators to which the state or an authority of the local public administration is a shareholder, committed within the privatization action enforcement, reorganization or judicial liquidation or on the occasion of a commercial operation, or of goods belonging to the public authority or public institutions, within the framework of an action for their sale or enforcement, committed by those who have powers of management, administration, management, forced execution, reorganization or judicial liquidation; b) the granting of subsidies in violation of the law or non-prosecution, according to the law, of compliance with the destination c) the use of subsidies for purposes other than those for which they have been granted, as well as the use for other purposes of loans guaranteed from public funds or to be reimbursed from public funds. ------------- Article 10 has been amended by section 10. 6 6 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 11 ((1) The right of the person who, having the task of supervising, controlling, reorganizing or liquidating a private economic operator, performs for him any assignment, intermediates or facilitates the performance of commercial or financial operations or participate with capital in such an economic operator, if the act is such as to bring directly or indirectly an undue use, constitutes a crime and is punishable by imprisonment from one year to 5 years and the prohibition of some rights. (2) If the act provided in par. (1) was committed within 5 years of the termination of the commission, the sentence is imprisonment from 6 months to 3 years or fine. ------------- Article 11 has been amended by section 1. 7 7 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 12 They are punished with imprisonment from 1 to 5 years the following facts, if they are committed for the purpose of obtaining for themselves or for another money, goods or other undue benefits: a) performing financial operations, as acts of trade, incompatible with the function, attribution or assignment that a person fulfils or the conclusion of financial transactions, using the information obtained by virtue of the function, assignment or its commission; b) the use, in any way, directly or indirectly, of information that is not intended for advertising or allowing unauthorized persons to access this information. + Article 13 The act of the person who performs a leading position in a party, in a trade union or patronage or within a legal person without patrimonial purpose, to use the influence or his authority for the purpose of obtaining for himself or for another money, goods or other undue benefits, is punishable by imprisonment from one to 5 years. ------------- Article 13 has been amended by section 1. 7 7 of art. I of Title I, Book II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 13 ^ 1 In the case of the blackmail offence, provided by art. 207 of the Criminal Code, in which a person is involved among those provided in art. 1, the special limits of the sentence increase by one third. ------------- Article 13 ^ 1 has been amended by section 1. 8 8 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 13 ^ 2 In the case of crimes of abuse of office or of usurpation of office, if the civil servant has obtained for himself or for another an undue use, the special limits of the sentence shall be increased by one third. -------------- Article 13 ^ 2 has been amended by section 2. 9 9 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 14 Repealed. -------------- Article 14 has been repealed by point (a). 10 10 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 15 The attempt at the offences provided for in this section is punishable + Article 16 If the facts provided for in this section constitute, according to the Criminal Code or special laws, more serious crimes, they are punishable under the conditions and sanctions established in these laws. + Section 4 Offences in direct connection with corruption offences + Article 17 Repealed. -------------- Article 17 has been repealed by point (a) 10 10 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 18 Repealed. -------------- Article 18 has been repealed by point (a) 10 10 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Section 4 ^ 1-a Offences against the European Union's financial interests -------------- Title sect. a 4 ^ 1 has been amended by section 4. 11 11 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 18 ^ 1 ((1) The use or presentation in bad faith of false, inaccurate or incomplete documents or statements, if the act results in unjustly obtaining funds from the general budget of the European Union or from the budgets administered this time her name, is punishable by imprisonment from 2 to 7 years and prohibition of some rights. (2) With the punishment provided in par. (1) the omission to provide, with science, the data required according to the law for obtaining funds from the general budget of the European Union or from the budgets administered by it on its behalf, if the act results in obtaining unfair of these funds. (3) If the facts provided in par. ((1) and (2) have produced particularly serious consequences, the special limits of the sentence shall be increased by half. ------------ Article 18 ^ 1 has been amended by section 1. 12 12 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 18 ^ 2 ((1) The change, without complying with the legal provisions, of the destination of funds obtained from the general budget of the European Union or from the budgets administered by it or on its behalf is punishable by imprisonment from one year to 5 years and the prohibition of some rights. ((2) The change, without complying with the legal provisions, of the destination of a legal use obtained, if the act results in the illegal reduction of resources from the general budget of the European Union or from the budgets administered by this or on its behalf, shall be sanctions with the punishment provided in par. ((1). (3) If the facts provided in par. ((1) and (2) have produced particularly serious consequences, the special limits of the sentence shall be increased by half. ------------ Article 18 ^ 2 has been amended by section 2. 13 13 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 18 ^ 3 ((1) The use or presentation in bad faith of false, inaccurate or incomplete documents or statements, which results in the illegal diminution of resources to be transferred to the general budget of the European Union or to the budgets administered by this time on her behalf, it is punishable by imprisonment from 2 to 7 years and the prohibition of some rights. (2) With the punishment provided in par. (1) the failure to provide, with science, the data required according to the law is sanctioned, if the act results in the illegal diminution of resources to be transferred to the general budget of the European Union or to the budgets administered her name. (3) If the facts provided in par. ((1) and (2) have produced particularly serious consequences, the special limits of the sentence shall be increased by half. ------------- Article 18 ^ 3 has been amended by the 14 14 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 18 ^ 4 The attempted crimes provided in art. 18 ^ 1-18 ^ 3 is punishable. ------------- Art. 18 ^ 4 was introduced by section 4. 18 18 of art. I of Title I, Book II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 18 ^ 5 The breach of fault by the director, administrator or person with powers of decision or control within an economic operator of a duty of service, by not fulfilling it or fulfilling it defective, if the act had as a result of the commission by a person who is subordinated to him and who acted on behalf of that economic operator of one of the offences referred to in art. 18 ^ 1-18 ^ 3 or the commission of a corruption or money laundering crime in connection with European Union funds, is punishable by imprisonment from 6 months to 3 years or a fine. ------------- Article 18 ^ 5 has been amended by section 6.6. 15 15 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Section 5-a Common provisions + Article 19 Repealed. ------------- Article 19 has been repealed by point (a) 16 16 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 20 Where an offence has been committed between those provided for in this Chapter, the taking of precautionary measures shall be binding. + Chapter IV Procedural provisions + Section 1 General provisions + Article 21 Repealed. ------------ Article 21 has been repealed by point (a) 1 1 of art. 41 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 22 In the case of the crimes provided for in this law, the prosecution shall be made mandatory by the prosecutor. ------------- Article 22 has been amended by section 19 19 of art. I of Title I, Book II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Section 2 Special provisions on the discovery and prosecution of + Article 23 (1) Persons with control powers shall be obliged to notify the prosecution body or, as the case may be, the commission of finding the offences, empowered by law, with regard to any data resulting from indications that a operation or an illicit act that can attract criminal liability, according to the present law. (2) Persons with control powers shall be obliged, in the course of carrying out the control act, to ensure and preserve the traces of the crime, crimes and any means of evidence that may serve the prosecution bodies. + Article 24 Persons referred to in art. 1 lit. e), who know operations that train the movement of capital or other activities, provided in art. 1, regarding money, goods or other values that are supposed to come from corruption crimes or assimilated to them or from crimes related to them, have the obligation to notify the prosecution bodies or, as the case may be, the finding of the crime or control bodies, empowered by law. + Article 25 (1) The performance in good faith of the obligations provided in art. 23 and 24 do not constitute a violation of professional or banking secrecy and do not entail criminal, civil or disciplinary liability. (2) The provisions provided in par. ((1) applies even if the investigation or trial of the facts reported has led to the non-commencement or termination of the prosecution or acquittal. ------------- Alin. ((3) of art. 25 25 has been repealed by section 6.6. 20 20 of art. I of Title I, Book II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. (4) Failure to fulfill in bad faith the obligations provided in art. 23 and 24 constitutes a crime and is punishable by imprisonment from 6 months to 5 years, if the act does not constitute a more serious crime. ------------ Alin. ((4) of art. 25 25 has been amended by section 17 17 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. (5) If the act provided in par. (4) was committed at fault, the sentence is imprisonment from 3 months to 2 years or fine. ------------ Alin. ((5) of art. 25 25 has been introduced by section 18 18 of art. 79 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 26 Banking and professional secrecy, except for the professional secrecy of the lawyer exercised under the law, are not opposable to the prosecutor, after the start of the prosecution, nor to the court. ------------- Article 26 has been amended by section 6.6. 2 2 of art. 41 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 26 ^ 1 Repealed. ------------- Article 26 ^ 1 was repealed by point (a). 3 3 of art. 41 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 27 Repealed. ------------- Article 27 was repealed by point (a). 3 3 of art. 41 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 28 Repealed. -------------- Article 28 was repealed by art. 34 of EMERGENCY ORDINANCE no. 43 43 of 4 April 2002 , published in MONITORUL OFFICIAL no. 244 244 of 11 April 2002. + Article 29 (1) For the trial in the first instance of the offences provided for in this Law, specialized complete shall be constituted. ------------- Alin. ((2) of art. 29 29 has been repealed by art. V of EMERGENCY ORDINANCE no. 50 50 of 28 June 2006 , published in MONITORUL OFFICIAL no. 566 566 of 30 June 2006. ------------- Article 29 has been amended by section 6.6. 23 23 of art. I of Title I, Book II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Section 3 Common provisions + Article 30 Repealed. ------------- Article 30 was repealed by point (a). 3 3 of art. 41 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Article 31 Repealed. ------------- Article 31 has been repealed by point (a). 3 3 of art. 41 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. + Chapter V Final provisions + Article 32 Repealed. ------------- Article 32 has been repealed by point (a) 25 25 of art. I of Title I, Book II of LAW no. 161 161 of 19 April 2003 , published in MONITORUL OFFICIAL no. 279 279 of 21 April 2003. + Article 33 Any provision contrary to this law shall be repealed. This law was adopted by the Chamber of Deputies and the Senate in the joint meeting of 12 April 2000, in compliance with the provisions of art. 74 74 para. ((1) and of art. 76 76 para. (2) of the Romanian Constitution. ROOM PRESIDENT DEPUTIES ION DIACONESCU p. SENATE PRESIDENT, ULM NICOLAE SPINEANU ------------