Relația abuzului în serviciu cu alte infracțiuni

Abstract

The study addresses one of the main issues raised by the offence of abuse of office, namely the relationship between this offence and other offences from the Criminal Code. The author emphasizes from the outset that the topic in question is a delicate one, taking into consideration the absence of an explicit legal rule on how to resolve an overlapping between different criminal provisions. In this context, taking into consideration the reason behind the incrimination, the author concludes that a concurrence of offences cannot be accepted, bbecause most of the time, the unique conduct of the perpetrator generates a single consequence. The author also analyses in a critical manner several issues found in the case law in regard to the offence of abuse in office. As a conclusion, the author makes some de lege ferenda proposals, in the attempt to offer more clarity from a legal point of view to the issue in question.

Keywords

• abuse of office
• subsidiarity
• specialty
• concurrence of offences
• conflict of interest