Scurte considerații privind infracțiunea de abuz
în serviciu ulterior pronunțãrii Deciziei nr. 405/2016
a Curții Constituționale a României
Brief considerations about the offense of abuse
in service after the pronouncement of Decision no. 405/2016
of the Constitutional Court of Romania
Author(s): Adrian, Vlad Radu Fanu-Moca, BaranSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: abuse of office; Decision no. 405/2016 of the Constitutional Court of Romania; lack of clarity; precision and predictability; last ratio; value threshold; reformation of the incrimination norm
Summary/Abstract: This study analyses the offence of abuse of office, according to the Decision no. 405/2016 of the Constitutional Court of Romania. In the first part of the work, we examined the findings of the constitutional litigations court, which led to the settlement expressed by the previously mentioned decision, we proceeded, in the second part, to a brief analysis of the effects of Decision no. 405/2016, and in the third part, we approached the issue of the value threshold in case of the offence of abuse of office. The last part of our work analyses the law draft for the amendment and addition of Law no. 286/2009 regarding the Criminal Code, putting this proposal into contrast with the legislative solution established by the Governmental Emergency Ordinance no. 13/2017.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2017
- Issue No: 1
- Page Range: 58-70
- Page Count: 13
- Language: Romanian