Pregledni rad
Criminal Offense of Bribery Focusing on Corruption of Family Physicians by Pharmaceutical Industries
Vanda Božić
orcid.org/0000-0002-5905-1916
; Stručna suradnica na Katedri za kazneno pravo Pravnog fakulteta Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
Bribery is one of the leading corruptive criminal offenses, which is shown and confirmed by case law. It involves the situation where an official or responsible person demands or accepts a bribe, or accepts an offer or a promise of a bribe, for himself/herself or for another person, in order to act or refrain from acting within or beyond the limits of his/her authority, which makes it a criminal offense against official duty. The Hippocrates affair, where .criminal charges were brought for corruptive offenses with bribery as the leading criminal offense against about 400 persons (family physicians, pharmacists, professional associates and employees of the Farmal company , its representatives and Farmal company itself, has been the largest investigation, and indictment in the history of the Croatian criminal law.
In presenting the relevant case-law, the author analyzes the criminal offense of bribery (proper, improper, and passive bribery) as delictum proprium of corruptive criminal offense against official duty. By researching the final verdicts in the Farmal case, she indicates the collision between the acts of the competent institutions in the field of health care (the Ministry of Health, the Croatian Health Insurance Fund, the Croatian Medical Association) and the Criminal Code. Consequently, she points out the pressing need for changes in the system, regarding the manner of mandatory life-long training of doctors, as well as regulating their cooperation with pharmaceutical industries.
Through comparative review and analysis of the Croatian criminal legislation, all forms of the criminal offense of passive bribery are presented, including proper and improper bribery, as well as bribery in the criminal law of Germany and Slovenia as EU member states, but also in some countries of the former Yugoslavia, namely Bosnia and Herzegovina and Serbia.
Ključne riječi
corruption; criminal offense of bribery; family physicians; pharmaceutical industry; Farmal
Hrčak ID:
152400
URI
Datum izdavanja:
15.6.2015.
Posjeta: 4.007 *