9. Discuţii privind săvârşirea infracţiunii de abuz în serviciu prin neconstatarea de către poliţist a unei contravenţii
9. Debates regarding the committing of the offence of abuse of office by failure to challenge a contravention by a police officer

Summary/Abstract: If a police officer does not draft the traffic violation report, even if he had that obligation, there was a question that he had committed the offence of abuse of office. Courts had a non uniform practice regarding the meeting of the constituent elements of the offence of abuse of office, especially in relation to the existence in such situations, of the immediate prosecution specific to the offence of abuse of office. Certain courts acknowledged that the constituent elements of the offence of abuse of office were met, while others stated that the immediate consequence of the offence was missing.

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