Blackmail offence provided by Art. 13 of Law 78/2000 for prevention, discovery and sanction of bankruptcy facts
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It is considered as a bankruptcy offence – certainly an assimilated one – the blackmail fact, having the contents of art. 194 Penal code, when it is committed by one of the persons provided in art. 1 of Law no. 78/2000 for the prevention, discovery and sanction of bankruptcy facts, namely: a) who exercises a public position, irrespective by the way it was invested, within the public authorities or public institutions; b) who accomplishes, permanently or temporary, according to law, a position or charge, as it participates to the taking up of decisions or may influence them, within the public services, autonomous controls, trading companies, national companies, national companies, cooperation units or of other economical agents; c) who exercises control attributions, according to law; d) who grants assistance specialized for the units provided at letters a) and b), as it participates to the taking up of decisions or may influence them; e) who, irrespective by its quality, perform, control or grant specialized assistance, as it participates to the taking up of decisions or may influence them, with respect to: operations that train the capital circulation, bank operations, currency exchange or credit operations, placement operations, at burses, securities, in mutual placement or regarding the banking accounts and those assimilated to them, internal and international trading transactions; f) who holds a managing position in a party or in a politic formation, in a trade union, in a patron organization or in an association without a working purpose or a foundation; g) other natural persons than those provided at letters a)-f), under the circumstances provided by law.