jurisdiction

Romania
Source of law 

Criminal Code (new version, applicable since 1 February 2014) 

Law 78 / 2000 on prevention, discovery and punishing corruption act Law no. 129 / 2019 on prevention and sanctioning of money laundering Law no. 82 / 1991 on accounting registrations 

Offence 

Bribery 

The promise, giving or offering of money or other benefits to a public official by any person, directly or indirectly, in exchange for performing, not performing, speeding up or delaying the performance of an action which falls under    the scope of their professional duties or with respect to the performance of an action contrary to their professional duties. 

Receiving bribes 

The action of a public official who, directly or indirectly, for themselves or on behalf of others, solicits or receives money or other undue benefits or accepts a promise of money or benefits, in exchange for performing, not performing, speeding up or delaying the performance of an action which falls under the scope of their professional duties or with respect to the performance of an action contrary to their professional duties. 

Traffic of influence 

Soliciting, receiving or accepting the promise of money or other benefits, directly or indirectly, for oneself or for another, committed by a person who has influence or who alleges that they have influence over a public servant and who promises they will persuade the latter to perform, fail to perform, speed up or delay the performance of an act that falls under the latter’s professional duties or to perform an act contrary to such duties. 

Buying influence 

The promise, supply or giving of money or other benefits, for oneself or for another, directly or indirectly, to a person who has influence or who alleges they have influence over a public servant to persuade the latter to perform, fail to perform, speed up or delay the performance of an act that falls under the latter’s professional duties or to perform   an act contrary to such duties. As well as setting out a number of other corruption-related offences, Law 78 / 2000 provides more serious sanctions (for example longer prison sentences) for the offences listed herein where those offences are committed by a public official. 

The bribe  
Is there a presumption that any advantage was given/ received corruptly? No
Would facilitation payments be caught? Yes  
Would corporate hospitality be caught? Yes  (depends on intent) 
Is there any de minimis? No
Does the bribe have to be monetary? No 
Public officials  
Does the offence only apply to bribing public officials? No 
Acts  performed  outside Romania  
Can bribery performed outside Romania be caught? Yes  
Does the act also need to be illegal in the foreign country of performance? Yes  (depends on the crime perpetrated and on the International Conventions between the state of the perpetrator and the state where the crime was perpetrated) 
Who can be liable  
Romanian national? Yes  
Romanian company? Yes  
Romanian partnership (including limited liability partnership)? No (there is no legal concept of “partnership” under Romanian law) 
Director of Romanian company? Yes  
Romanian company if the bribe is committed abroad by its foreign subsidiary? No
Foreign subsidiary of a Romanian company if the bribe is committed abroad? No (only liable if subsidiary is not a different legal entity than the parent company) 
Foreign national / company / partnership if bribe is committed in Romania? Yes 
Foreign national domiciled or “ordinarily resident” in Romania if bribe is committed outside Romania? Yes  (if the conduct is a crime in the state where it was committed and if the perpetrator is voluntarily on Romanian territory) 
Foreign company / partnership if bribe is committed abroad? No
Penalties  
Penalties include: 
  • For the most serious corruption offences, the Romanian Criminal Code provides a maximum prison sentence of ten years. Depending on the circumstances of the criminal act or the previous criminal activity of the perpetrator, the maximum penalty may be increased under certain conditions 
  • In cases of corruption crimes committed by certain persons (judge, prosecutor, arbitrator, criminal investigator etc.), the prison sentence is increased by a third under Law no. 78 / 2000 
  • Other penalties include restrictions on certain property, confiscation of money, valuables, or any other type of goods used for committing the crime, if these goods cannot be returned to the victim; where goods cannot be found, the offender has to pay the pecuniary equivalent 
  • The bribery shall not constitute an offence when the bribe giver was constrained by any means by the bribe taker 
  • The bribe giver will not be liable if he reveals his conduct to the authorities before the latter is formally tasked with investigating his crime 
  • If the bribe giver cooperates with the authorities to discover other bribery activities, the applicable penalty is reduced by 50% 
Defences  
Are there any defences available? Yes