Autor: Adrian HĂRĂTĂU

Publicat în: Revista Dreptul nr. 2/2017

Disponibil onlineaici.

Titlul lucrării în engleză: Abuse of office regulated by Article 132 of the Law No 78/2000 for preventing, discovering and sanctioning of corruption acts – a separate offence or an aggravated variant of the offence of abuse of office

Abstract: Lawyer Adrian Hărătău shows that, in agreement with the decision of the Constitutional Court, the provisions of Article 132 of the Law No 78/2000 do not have the nature of a basic typical offence, being an aggravated variant of the offence of abuse of office, which is why in this regard the courts must give efficiency to the provisions of Article 741 of the Criminal Code of 1969, in the sense that they find the incidence of a cause of non-punishment and, provided that the prejudice up to EUR 50 000 has been covered, to order the cessation of the criminal trial.

Keywords: abuse of office; job-related offences; unconstitutionality; abuse of office if the civil servant has obtained for himself or for another an undue advantage; inadequate performance of the official duty.