Abuz în serviciu prin vătămarea intereselor legitime ale I.G.P.R. Clasarea cauzei. Atingere minimă adusă intereselor. Observații critice
Abuse of office by prejudicing the legitimate interests of the I.G.P.R. Dismissal of the case. Minimal prejudice of those interests. Critical observations
Author(s): Dan Sebastian ChertesSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Editura Solomon
Keywords: abuse of office; dismissal of the case; administrative offence; suspension of the right to drive; complementary penalty; infringement of the legitimate interest;
Summary/Abstract: The article examines a dismissal order issued in a case concerning the offence of abuse of office where the public official obtained an undue benefit for himself or another, in connection with the manner in which the suspension of the right to drive was imposed following the dismissal of a criminal case arising from a road traffic accident. It analyses the premises of the accusation, the prosecutor’s reasoning in dismissing the case on the ground that only minimal prejudice was caused to the legitimate interests of the I.G.P.R., and the limits of the notion of “prejudice to legitimate interests”. Finally, the article offers critical observations on the solution adopted and a de lege ferenda proposal concerning the regime governing the imposition and challenge of the complementary penalty in the circumstances of the case.
Journal: Jurnalul Baroului Cluj
- Issue Year: 2026
- Issue No: 1
- Page Range: 39-45
- Page Count: 7
- Language: Romanian
