About the condition of violating the law regarding the abuse of office offence

Abstract

The present study aims to analyze the new configuration of the crime of abuse of office in relation to the  condition of violating of the law by the active subject.

Thus, hypotheses of violation of the law are analyzed together with the mechanism by which it is found that the law has been violated in relation to the duties of officials.

At the same time, the study also presents the way the decision of the Constitutional Court no. 405/2016, which changed the configuration of the crime of abuse of office, was reflected in the judicial practice.