Autor: Gheorghe DOBRICAN
Publicat în: Revista Dreptul nr. 9/2017
Disponibil online: aici.
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: In the Draft law drawn up by the Ministry of Justice, the offence of abuse of office provided by Article 297 (1) of the Criminal Code 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 an offence of abuse of office, regardless of its gravity and of its consequences, because its legal content is not circumscribed. In order for the offence of abuse of office not to be confused with the other forms of civil, disciplinary, administrative, fiscal, material or contraventional legal liability, we have introduced in its definition the condition that the deed must be committed for material interests, and the damage must cause particular 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; extracriminal liability.
