Addressing the participants of the Global Anti-Fraud Summit, Vujić stressed that the amendments to the Criminal Code relating to these criminal offences aim to harmonise national legislation with the EU acquis, primarily with the European Parliament Directive on the fight against fraud to the Union’s financial interests by means of criminal law.
In accordance with the Directive establishing minimum rules on the definition of criminal offences and sanctions for combating fraud and other illegal activities affecting the EU’s financial interests, the proposed amendments to the law provide for several criminal offences against property, the Minister explained.
He specified that with regard to the criminal offence of fraud in the performance of economic activities and tax evasion, new provisions have been prescribed which explicitly provide that the perpetrator will be punished with the penalty prescribed for that criminal offence when the offence is committed to the detriment of the EU’s financial interests.
According to him, the criminal offence of public procurement fraud is subject to a comprehensive revision, through clarification and expansion of the incriminated acts and the circle of persons, with the aim of clearly defining all acts that may endanger the EU’s financial interests, thus ensuring full compliance with relevant European standards.
Vujić said that the legal amendments primarily expand the scope of criminal acts, so that in addition to existing forms, such as submitting a bid based on false information or concluding illegal agreements between bidders, the new solution also includes illegal agreements with the contracting authority in the public procurement procedure.
At the same time, as he added, the liability of persons within the contracting authority has been further specified, by providing for a special form of incrimination of violation of regulations governing public procurement by abuse of official position, exceeding authority, failure to perform duties or by making an arrangement with the bidder.
The amendments also specify the more serious form of criminal offence in situations where the offence is committed in connection with a public procurement whose estimated value exceeds the prescribed monetary threshold, thereby strengthening criminal law protection in cases involving significant public funds, the Minister said.
Special importance, he emphasised, is also attached to the introduction of a new provision that stipulates that the perpetrator will be punished with the penalty prescribed for that act when the abuse is committed to the detriment of the EU's financial interests.