Abuzul în serviciu în viziunea Curţii Constituţionale a României

Dănuţ VOLINTIRU

ABSTRACT

The analysis of the abuse of office in the view of the Romanian Constitutional Court, in terms of Decision No. 405 of June 15, 2016, is meant to emphasize, on one hand, the limits for the control of constitutionality in relation to various forms of abuse of office as provided by the Criminal Code of 1969, the Criminal Code in force and the Law. 78/2000 on preventing, detecting and sanctioning corruption offences, and on the other hand, the interpretation of the phrase "comply with the duty obligations by violating the law."

Under these circumstances, an attempt was made in order to analyze why this decision of the Romanian Constitutional Court does not apply and cannot be raised in the case of the offenses of abuse of office against public interests, abuse of office by limiting certain rights and aggravated abuse of office (art. 247, art. 248 and art. 248) as provided by the criminal Code of 1969 and...