ABUZUL ÎN SERVICIU PREVĂZUT DE ART. 297 DIN CODUL PENAL RAPORTAT LA ART. 132 DIN LEGEA NR. 78/2000. INFRACȚIUNE ASIMILATĂ INFRACȚIUNILOR DE CORUPȚIE? NECONSTITUȚIONALITATE

The authors present another opinion on the subject regulated by Article 132 of the Law No 78/2000, arguing that it constitutes a special legal aggravating circumstance for the offences of abuse of office and usurpation of the function provided by Article 297 and Article 300 of the Criminal Code. In the current regulation the abuse of office provided by Article 297 of the Criminal Code by reference to Article 132 of the Law No 78/2000 is not a criminal offence assimilated to corruption offences and, consequently, may not fall within the competence of the NAD unless the damage caused exceeds the ROL equivalent of one million euros. Drawing attention to the fact that the provisions of Article 132 of the Law No 78/2000 are not precise, predictable, they bring arguments in support of the thesis of the susceptibility of unconstitutionality thereof.