Difference between the Offense of Abuse of Duty and Violation of Rules at Work
Abstract
The paper analyzes and compares the criminal offense of abuse of office and violation of rules at
work. In order to distinguish between these two criminal offenses, the unifying decision no. 3 dated
02.11.2015, of the joint colleges of the high court that deals with issues related to the competition of criminal
offenses and the criteria that must be considered when we are before the competition of qualifying
circumstances. The main principles that distinguish between these two offenses are analyzed: lex specialis
derogat legi generali, interpretation of norms according to the purpose of the legislator, the principle of
absorption, lex consumens derogat legi consumptae, prohibition of trial twice for the same criminal offense,
no one can try more than once for the same offense. Particular attention has been paid to comparative aspects
to see if these issues are addressed in the legislation of other states.
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