DELAPIDARE ȘI ABUZ ÎN SERVICIU – CONCURS IDEAL SAU CONCURS DE CALIFICĂRI?

Starting from a legal classification found in a situation from the judicial practice, the author of this study addresses the delicate issue constantly generating contradictory solutions of the relation between the abuse of office and other offences from the same category, committed by the same deed, applying the rules of ideal (formal) concurrence of offences. The arguments are convincing and allow the conclusion that, in such situations, it cannot be retained the commission of a concurrence of offences, whereas the abuse of service, whether there are involved deeds committed under the incidence of the current Criminal Code or of the previous Criminal Code, maintains its subsidiary character, the incrimination text which defines it becoming incident only insofar as it cannot be retained another offence which violates the social relations that constitute legal object for these service offences.