Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-3 | Issue-09 | 275-283
Original Research Article
Considerations regarding the Regulation of the Crime of Abuse of Office
Andrada Nour
Published : Sept. 3, 2020
Abstract
In contrast to the European situation regarding the criminalization of the offence of abuse of office, in which many states have chosen to include in separate regulations belonging to the scope of their criminal law a series of facts that together could be classified as abuse of office, in Romania, the legislator, incriminated such illicit conduct in a single text of law, under the generic name of abuse of office. The national criminal provisions on “abuse of office”, “excess of authority” and similar expressions should be related only to the exercise of public power, strictly interpreted, being possible to be invoked and applied only in that cases in which the offence is of a grave nature, such as for example serious offences against the national democratic processes and against fundamental rights, infringement of the impartiality of the public administration and so on. This kind of provisions must cover various forms of serious offences that public servants may commit and they are not easy to be incriminated in detail in advance.