Abuzul în serviciu – Infracțiune de serviciu. Infracțiune asimilată infracțiunilor de corupție
The abuse of service – Offense of service. Offense assimilated to corruption offenses

Summary/Abstract: The legal qualification of the abuse of service in distinct categories of offenses is imposed by the conditions provided by the two rules herein mentioned. The undue advantage, as an additional element of the crime assimilated to corruption offenses, relative to the elements of the service offense, represents the delimitation criterion between the two categories of offenses. Nonetheless, it is clear that the abuse of service, as an offense assimilated to corruption offenses, is dependent on the abuse of service - as crime of service, taking into consideration that the latter is the premise of the former; an eventual incidence of its conditions might be analyzed only after the incidence of the constituent elements prescribed by the crime of service has been ascertained.

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