Abuse of office – controversial issues Cover Image

Abuzul în serviciu – aspecte controversate
Abuse of office – controversial issues

Author(s): Iulia-Andra Mureșan
Subject(s): Constitutional Law, Criminal Law, Human Rights and Humanitarian Law
Published by: Editura Solomon
Keywords: active subject; magistrate; lawyer; legal entity; ultima ratio; subsidiarity principle; concurrence of offences;

Summary/Abstract: This study addresses the main structural and practical drawbacks of the offence of abuse of office. In order to better understand the problematic trajectory of the norm, the study will analyse the typical elements of the offence and highlight the indefinite nature of the norm. This will help determine which categories of subjects might be more limited in their incidence of abuse. Once this stage has been completed, the interference of abuse of office with the misdemeanour law branch can be analysed. As the central topic of this study, the relationship of abuse of office with other offences will be presented, and proposals for compromises will be made. At the end of the paper, arguments will be put forward for remedying the legislative shortcomings of the offence. This might include proposing changes to the norm or other measures to address the identified issues.

  • Issue Year: 2022
  • Issue No: 2
  • Page Range: 33-64
  • Page Count: 32
  • Language: Romanian