REGLEMENTĂRILE PRIVIND TRAFICUL DE INFLUENŢĂ DIN LEGEA PENALĂ A UNOR STATE DIN AREALUL BALCANIC: ANALIZĂ COMPARATIVĂ

Corina TIMOFEI Catedra Drept Penal şi Criminologie

Rezumat

In this article there are subject to review the regulations on the traffic of influence of the Penal Law of several states in the Balkan’s area. Among other things, is concluded that – in the Penal laws of Slovenia, Serbia, Montenegro, Macedonia, Bosnia and Herzegovina and Croatia there is recorded the decision’s maker reason of success or failure to accomplish an act contrary to his work obligations. In this case, undisclosed in art.326 PC RM, the degree of social danger is higher comparatively to the case when the perpetrator is following the purpose of decision’s maker success or failure to accomplish an act other than his work obligations. As well as there is revealed that in art.2451 PC RM of the Albanian Penal Code, the expression "whether the influence was actually exercised or not and whether the desirable consequences have occurred or not" suppose a sufficiently broad range of incidence so as to cover not only the case on decision’s maker success (perpetration) or failure (miscarry) to accomplish several acts.