Some issues of the criminalization of trading in influence

Direct Link:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Anglų kalba / English
Some issues of the criminalization of trading in influence
In the Journal:
Contemporary research on organization management and administration [CROMA journal]. 2020, Vol. 8, No. 1, p. 31-40
Reikšminiai žodžiai: Baudžiamoji teisė; Baudžiamosios teisės konvencija dėl korupcijos; Konvencija dėl Korupcijos; Prekyba poveikiu; Sukčiavimas; Tariama įtaka; Alleged influence; Convention on Corruption; Criminal Law; Criminal Law Convention on Corruption; Fraud; Trading in influence.
Baudžiamoji teisė; Tarptautinė politika / International affairs; Tarptautinė politika / International affairs; Prekyba poveikiu; Sukčiavimas; Tariama įtaka.
Alleged influence; Convention on Corruption; Criminal Law Convention on Corruption; Criminal Law; Fraud; Trading in influence.
Summary / Abstract:

ENPurpose. The aim of this research is to reveal some issues of the criminalization of trading in influence. Design/methodology/approach. This analysis is based both on theoretical and empirical methods. Findings. Preliminary results of this research reveal the tendency to include all elements of active and passive trading in influence, provided in the Article 12 of the Council of Europe Criminal Law Convention on Corruption (hereinafter – the Convention), into the definition, established in the national criminal law. Therefore, for example, there are a lot of terms, also superfluous terms, in the definition of active and passive trading in influence in the Criminal Code of the Republic of Lithuania. However, the usage of superfluous words in definition could really complicate the proper application of the criminal law. In the case of pretended and not real influence, the protected interest of both trading in influence and fraud is important to distinct these crimes. However, the pretended and not real influence is the feature of trading in influence in Lithuania because the legislator pursued the implementation of all recommendations of the Group of States against Corruption (hereinafter – GRECO). Research limitations/implications. First of all, this research reveals the concept of trading in influence as a principal offence established in the Convention. This analysis is limited to the text of the Convention and GRECO’s recommendations. Secondly, it tries to provide an answer to the question what is the line between two offences – fraud and trading in influence. Other issues related to the criminalization of trading in influence have not been included in this research.Practical implications. The results of this research may be useful in further research on trading in influence, also, this study would be relevant to the scholars and practitioners (judges, prosecutors, pre-trial investigation officers). Originality/Value. The criminalization of corruption-related offences is a key topic for discussions. So far, in Lithuania the majority of legal studies have been concentrated on bribery, sanctions for corruption offences. In absolute majority of scientific articles on corruption offences the implementation of the Article 12 of the Convention is only mentioned, but not thoroughly analyzed. Scientists from foreign countries analyzed their national regulation of trading in influence and compared with international standards as well as the regulation of some other countries. [From the publication]

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2021-02-02 19:05:45
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