De la voința legiuitorului la pixul magistratului - despre sancționarea luării de mită comisă în cadrul sistemului medical

This article analyses the degree of alignment of the work of the judiciary with national criminal justice policies on the basis of a series of final judgments convicting medical professionals - doctors and nurses - for the crime of bribery. It considers, on the one hand, the main penalty imposed and, on the other, the way in which the judicial authorities intend to apply the additional penalty consisting in the prohibition to exercise the right to hold the position, exercise the profession or trade or carry out the activity used to commit the offense. The analysis shows that the punishments are either below the minimum - as a result of the application to their last consequences or of the mitigating circumstance provided for in Art. 75 para. (2) lit. b) of the Criminal Code, or the mitigating circumstance consequent to the admission of the accusation - or at the special minimum, with suspension of the execution of the sentence and only sometimes accompanied by the additional penalty of a total ban on practicing the medical profession. This view is shared by both the courts and the public prosecutor's offices - a fact which is readily apparent both from the way in which appeals are lodged and from the content of the recognition agreements concluded. Finally, in the light of these conclusions, it proposes a series of solutions designed to ensure that penalties are not only humane but also have a relevant dissuasive component.