Criminal law aspects of public procurement: exchange of experiences from the Republic of Croatia and Romania
The Judicial Academy, with the support of USAID's Project for the Improvement of Public Procurement, organized training for judges and public prosecutors, as well as judicial and prosecutorial assistants who act in criminal proceedings regarding abuses related to public procurement on the topic: "Criminal law aspects of public procurement - exchange of constitutions from the Republic of Croatia and Romania".
The training was held on September 27, 2024 in Belgrade. The lecturers at the training were: prosecutor Mirna Rukavina, deputy head of the Office for the Suppression of Corruption and Organized Crime (USKOK) in the Republic of Croatia, and Laura Stefan, a prominent expert in the fight against corruption.
The topics of the training were:
- Legal analysis of the criminal law aspects of public procurement in the Republic of Croatia: an overview of the legislative framework of the Republic of Croatia with a focus on relevant legal norms, similarities and differences with the legislative framework of the Republic of Serbia, the impact of the differences on the application of the law in practice,
- Jurisprudence of the Republic of Croatia and the European Public Prosecutor's Office: an overview of significant cases related to abuses in public procurement and European Union funds with a focus on the legal qualification of the criminal offense, collection and evaluation of evidence,
- Legal analysis of the essential elements of abuse of official position through the prism of judicial practice in Romania: the concept of the perpetrator, the nature of intent as a subjective element of the criminal offense, the act of execution and the consequences of the criminal offense - with reference to the relevant decisions of the Constitutional Court of Romania,
- Special types of abuse of official position, criminal and political responsibility of ministers according to the report of the Venice Commission from 2013 and the practice of the Constitutional Court of Romania regarding the limitation of criminal prosecution of public office holders, in the context of Regulation 13/2017.