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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Main Author: Constantin I. Gliga
Format: Article
Language:English
Published: Transilvania University of Brasov Publishing House 2022-01-01
Series:Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
Subjects:
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.
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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