Similarities and Differences between the Offence of Embezzlement and the Offence of Abuse of Office with relevant Jurisprudential Aspects
This paper aims to provide a detailed analysis of the differences between the offence of embezzlement provided for in Article 295 of the Criminal Code and the offence of abuse of office provided for in Article 297 of the Criminal Code in terms of relevant doctrine and jurispruden...
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| Format: | Article |
| Language: | English |
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Transilvania University of Brasov Publishing House
2022-01-01
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| Series: | Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law |
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| Online Access: | https://webbut.unitbv.ro/index.php/Series_VII/article/view/3293/2618 |
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| author | Constantin I. Gliga |
| author_facet | Constantin I. Gliga |
| author_sort | Constantin I. Gliga |
| collection | DOAJ |
| description | This paper aims to provide a detailed analysis of the differences between the offence of embezzlement provided for in Article 295 of the Criminal Code and the offence of abuse of office provided for in Article 297 of the Criminal Code in terms of relevant doctrine and jurisprudence. The frequency of committing misfeasance in office, in particular, the two offences under consideration, gives rise to constant debate on the subject of the article.We have also set out to analyse how the judicial authorities have changed their view in some cases after the Constitutional Court's decision no. 405/2016, which brought some divergences concerning acknowledging the offence of embezzlement instead of the offence of abuse of office. |
| format | Article |
| id | doaj-art-e8dad646b9a248ab82b461fc7d19b63c |
| institution | OA Journals |
| issn | 2066-7701 2971-9410 |
| language | English |
| publishDate | 2022-01-01 |
| publisher | Transilvania University of Brasov Publishing House |
| record_format | Article |
| series | Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law |
| spelling | doaj-art-e8dad646b9a248ab82b461fc7d19b63c2025-08-20T02:18:44ZengTransilvania University of Brasov Publishing HouseBulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law2066-77012971-94102022-01-0115(64)2271282https://doi.org/10.31926/but.ssl.2022.15.64.2.17Similarities and Differences between the Offence of Embezzlement and the Offence of Abuse of Office with relevant Jurisprudential AspectsConstantin I. Gliga0Transilvania University of Brasov, RomaniaThis paper aims to provide a detailed analysis of the differences between the offence of embezzlement provided for in Article 295 of the Criminal Code and the offence of abuse of office provided for in Article 297 of the Criminal Code in terms of relevant doctrine and jurisprudence. The frequency of committing misfeasance in office, in particular, the two offences under consideration, gives rise to constant debate on the subject of the article.We have also set out to analyse how the judicial authorities have changed their view in some cases after the Constitutional Court's decision no. 405/2016, which brought some divergences concerning acknowledging the offence of embezzlement instead of the offence of abuse of office.https://webbut.unitbv.ro/index.php/Series_VII/article/view/3293/2618embezzlementabuse of office |
| spellingShingle | Constantin I. Gliga Similarities and Differences between the Offence of Embezzlement and the Offence of Abuse of Office with relevant Jurisprudential Aspects Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law embezzlement abuse of office |
| title | Similarities and Differences between the Offence of Embezzlement and the Offence of Abuse of Office with relevant Jurisprudential Aspects |
| title_full | Similarities and Differences between the Offence of Embezzlement and the Offence of Abuse of Office with relevant Jurisprudential Aspects |
| title_fullStr | Similarities and Differences between the Offence of Embezzlement and the Offence of Abuse of Office with relevant Jurisprudential Aspects |
| title_full_unstemmed | Similarities and Differences between the Offence of Embezzlement and the Offence of Abuse of Office with relevant Jurisprudential Aspects |
| title_short | Similarities and Differences between the Offence of Embezzlement and the Offence of Abuse of Office with relevant Jurisprudential Aspects |
| title_sort | similarities and differences between the offence of embezzlement and the offence of abuse of office with relevant jurisprudential aspects |
| topic | embezzlement abuse of office |
| url | https://webbut.unitbv.ro/index.php/Series_VII/article/view/3293/2618 |
| work_keys_str_mv | AT constantinigliga similaritiesanddifferencesbetweentheoffenceofembezzlementandtheoffenceofabuseofofficewithrelevantjurisprudentialaspects |