The author provides a detailed analysis of the new provisions introduced by the Criminal Code of 2009 and its implementing law in matters of corruption offences provided for in art. 289-292.
He does not hesitate to present his point of view regarding the systematization of these offences, their content, the constitutive character, their relations with the provisions of Law no. 78/2000 on preventing, discovering and sanctioning corruption, as amended and supplemented, and to advance some of his own ideas and solutions in this regard.
Finally, the author is advancing some of his own opinions concerning applicable law in the case of transitory situations (mitior lex).
Starting from the personality of the Romanian penalist, Vespasian V. Pella, the author examines the main principles of criminal policy in the light of the new Romanian Criminal Code with some references to the Spanish Criminal Code.
The author presents the changes introduced by the new Criminal Code on the matter under consideration in terms of systematic and legal content of various incrimination legal norms, highlighting the positive aspects as well as the debatable ones with regard to formulating de lege ferenda proposals.
Further on, the author makes a comparative study of the incrimination legal norms that have corresponding rules in the criminal law, now in force, a brief examination of the ex novo incriminations, analysis accompanied by several observations and some suggestions (de lege ferenda proposals) to improve the examined texts.