Abstract

The article presents SC and NCA judgments with respect to bid-rigging as well as filing fraudulent declarations which may lead to obtaining a contract under false pretences. Bid-rigging is an offence described in Art. 305 of the Penal Code and it occurs when in order to obtain a financial gain the perpetrator colludes with another party to the detriment of the property owner or the person or institution for which the tender is to be held. On the other hand, the offence described in Art. 297 § 1 of the Penal Code occurs when in order to obtain something for themselves or another party from a bank or an organization carrying out similar business operations under a statute or from an authority or institution which controls public procurement funds the perpetrator presents a written declaration that is forged, altered, certifying untruth or inaccurate with respect to the circumstances that are material for obtaining a public contract.