Autor: Gheorghe DOBRICAN

Publicat în: Revista Dreptul nr. 7/2017

Disponibil onlineaici.

Titlul lucrării în engleză: Offence of abuse of office in the Draft law on the amendment of the Criminal Code and of the Criminal Procedure Code drawn up by the Ministry of Justice

Abstract: This study concerns the manner in which the abuse of office provided by Article 297 (1) of the Criminal Code is presented in the Draft law drawn up by the Ministry of Justice, appreciating that the offence is defined simplistically and formally, without clarity, precision and predictability. According to the Draft law, any act of breach of the law, of a Government Ordinance or of a Government Emergency Ordinance by a civil servant is considered to be offence of abuse of service, regardless of its severity and consequences, because the legal content thereof is not circumscribed. In order not to confuse the offence of abuse of service with the other forms of civil, disciplinary, administrative, fiscal, material or contraventional legal liability, we have introduced in its definition the condition that the act be committed for material interests, and that the damage cause particularly serious consequences. In this way, the abuses in the interpretation and application of Article 297 (1) of the Criminal Code will be completely removed.

Keywords: offence of abuse of office; public servant; criminal liability; extra-criminal liability.