Yesterday evening the plenary session of the House of Representatives passed by and large the draft law 207 / 2020-2021 “Strengthening the fight against corruption” with an absolute majority in its season. With its six articles, as well as transitional and final provisions, the standard proposes new measures to counteract illegal activities, including the amendments to 23 articles of the Criminal Code, in which the “disqualification” from the exercise of functions and professions is given special weight for a certain time. This requirement stipulates that “the sanction of exclusion consists in depriving the convicted person of exercising or access to a job, a trade, a profession or a public service, the exercise or cause of which was misused to commit the offense.
It advises that in the case of “corruption crimes and related crimes committed by a servant or servant, clerk or officer in the exercise of their functions, the exclusion will apply after the completion of the main sentence”.
“The planned disqualification is not less than six months or more than 10 years, the amount being determined according to the guilt. From four to 10 years for offenses with imprisonment and from six months to four years for culpable offenses or with a sanction without imprisonment ”.
It is defined that the “exclusion only affects employment, trade, occupation, public service, the exercise or cause of which was abused for the commission of the act. This is noted in the relevant records and the unjustified violation of the disqualification leads to imprisonment ”.
According to the amendments to the Criminal Code, disqualification is applied to tortious acts such as: embezzlement, embezzlement, passive bribery, improper influence, incompatible negotiations, concussion, extortion, unconstitutional and unlawful decisions, breach of duties, active bribery, presumption of office, emigration of judges or Prosecutors, consortium between those in charge of the judicial service, delay in judiciary, harmful contracts and others.