REFERAT CORRUPTION

Ion Ilena Raluca Administratie Publica Anul I I.D.

MOTTO: Every man invested with power is apt to abuse it (Montesquieu)

GENERAL NOTIONS ON CORRUPTION

The prevention and combating of corruption in the justice system is a priority objective in system reform, in the broader context of the national level fight against the phenomenon. Justice corruption may harm the most important social values, considering the fact that the legal system is designed exactly to ensure the supremacy of the law which entails, among other things, the prosecution and bringing to justice of corruption offences. Legitimacy is crucial to the functioning of justice. This particular characteristic comes from the publics understanding of the way in which the justice system is organised, from the trust people have in the competence of magistrates and other system workers, as well as from the knowledge of the rules upon which the system works and from the acceptance of the authority of court judgements. Apart from the legal safeguards of professionalism, workers in the justice system are also required to have a specific moral aptitude and a certain conduct. Corruption is called abuse, active or passive, civil servants to obtain private financial benefits or other benefits. Corruption is the abuse of power of government in order to meet personal or group interests. As antisocial, corruption is very common in society and is particularly serious because it favors the interests of individuals, especially in the area of economic , affecting the collective interests: the appropriation, diversion and use of resources in the public personal, employment of public officials by relations preferential conclusion of transactions through circumvention rules of moral and legal. Corruption concerns a group of activities immoral, illegal, illegal performed by individuals not only functions or exercising a public role, but also by various groups and organizations, public and private, in order to obtain material benefits or

moral status to using higher social forms of coercions , blackmail , fraud,bribery , buying, intimidation. Among the causes which favor the appearance of corruption are found: the weakening authority of the state due to inefficient institution thereof, degradation of living standards of individuals , lack of social values with impaired compliance with moral principles, the lack of institutional reforms and legislation that is consistent with socio-economic conditions. Forms of corruption The forms of corruption present in the justice administration system are as follows: bribe giving and taking: involves two individuals, the one who promises or offers an asset or other benefit and the one who requests or receives it in exchange for the legal or illegal completion of an action which is part of ones job description; who initiates the act of corruption is irrelevant - trading in influence: relates to benefits offered to an individual who promises to convince a public agent to carry out an action that is part of their job description; - gift receiving: involves the receiving of benefits while exercising ones duty, not necessarily intended to distort the handling of that proceeding, but which may facilitate the establishment of unethical relations; - greasing: involves benefits offered to official agents in exchange for speeding up the progress of a legal procedure or in order to prevent the opposing party from intervening first; - fraud: relates to falsifying data, in the form of intellectual fraud, forgery, aiding and abetting; - blackmailing: comprises obtaining benefits by means of pressure or force (an individual may be threatened with a weapon, administrative penalties or prosecution unless he or she adopts the desired conduct); - preferential treatment: consists of giving help to ones friends, associates, etc., who obtain positions due to their connections rather than competence.

- nepotism: is a form of preferential treatment that consists in facilitating the employment in the system of ones spouse or relatives; - embezzlement: refers to the misappropriation of public funds; - misuse of classified information: regards the use (for oneself or for ones friends) of otherwise unavailable information that one receives as part of ones job description for personal gain (a court enforcement officer buys, through a middleman, a building put up for auction and sold at a price below market value); - kickbacks: occur when an individual provides an illegal favour to another, and the latter does the same in return (an individual is Bribery is part of the employees motivation categories. Means of corruption When corruption involves at least two persons, contact between them is achieved in two ways: - directly: requires significant trust between the parties, which is usually based on friendship, previous contacts, or recommendation by another person that the public agent trusts. It could also involve a means of pressure resulting from relations of authority ( with a superior), or through blackmail; - indirectly: requires the use of intermediaries. These may be current or former co-workers, family members or people with whom the official comes into contact often, such as auxiliary court personnel, lawyers, or even the neighbours of magistrates. Limiting phenomenom Corruption phenomenon can be defined as its only certain forms of government. Corruption is found both in societies democratic and in the totalitarian. Although there is some tendency to consider an authoritarian regime as capable of eliminating corruption, the reality is that in such a system is partially limited corruption, it can be found in certain privileged circles, being accessible to certain groups of individuals.

Limiting corruption, total stopping phenomene is considered utopian, can be achieved througt the mechanism of cost. These costs may be monetary or in the form of reclusion and the central idea of making undesirability wrongdoing because of the large costs required from paying an individual or group of individuals when their facts are discovered.Emphasizing this point, the legislature , in an effort to discourage such conduct, defined by a series of corruption with criminal offenses.