Difference between the Offense of Abuse of Duty and Violation of Rules at Work
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.
Copyright (c) 2022 EIRP Proceedings
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format
- Adapt — remix, transform, and build upon the material
- for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.