The sanctions are too harsh for corruption and all crimes against public administration. So much so that the Constitutional Court is being questioned. This was done by the Supreme Court, with Ordinance 36356 of the Sixth Criminal Part, which raises doubts about the constitutional validity of the possibility of accumulation between confiscation and compensation in the form of money regulated in article 322 paragraph 1 of the Criminal Code. There were too many objections to the Court of Cassation, which intervened in the case of a member of the Financial Police, who was convicted of corruption of both immediate confiscation and equivalent to the price of the crime and compensation equal to the amount to be confiscated.
Recent regulatory interventions regarding this issue should be attributed to “corruption sweep” law.Then. 3 of 2019 whose scope of application is the Institute of financial compensation This has also extended to private corruptors. Additionally, instead of the original provision referring to “amounts received in excess”, it was stipulated that the obligation should be parameterized to an equivalent amount. with the price or profit from the crime.
Supreme Court Orientation
The Court of Cassation underlined how interference with the rules has these consequences foreclosuredirect or equivalent, must be arranged along with financial compensation. With the consequences borne by the convict doubled obligations which, although of a different nature, have the effect of depriving the convict of twice the value obtained in excess of the crime.
Therefore, if “the need to confiscate ill-gotten gains from criminals is not controversial”, “the imposition of further pecuniary sanctions, based on the same value, would be detrimental to the principle of proportionality as long as the crime is already supported by a series of sufficiently punitive sanctions”.
The punitive function of reparations
Moreover, the Court of Cassation adheres to the thesis of essential functions punish financial compensation. In fact, the latter is completely independent of the request of the injured person, entails the obligation to pay a predetermined amount and is not subject to graduation by the judge and, furthermore, is added to the series of penalties. criminal sanctions very sad. The addition of financial compensation on the one hand has an impact on the convict’s property by depriving him of the same value that was taken from him as a result of confiscation, and on the other hand adds punitive sanctions to treatment that is already considered adequate.
