Danubius International Conferences, 17th International Conference on European Integration - Realities and Perspectives
The Differences between the Offenses of Abuse of Power and Violation of Rules at Work
Last modified: 2022-05-11
Abstract
The paper analyzes and compares the criminal offense of abuse of power and violation of rules at work. In order to distinguish between these two criminal offenses, the unifying decision no. 3 dated 02.11.2015, of the joint colleges of the high court that deals with issues related to the competition of criminal offenses and the criteria that must be considered when we are before the competition of qualifying circumstances. The main principles that distinguish between these two offenses are analyzed: lex specialis derogat legi generali, interpretation of norms according to the purpose of the legislator, the principle of absorption, lex consumens derogat legi consumptae, prohibition of trial twice for the same criminal offense, no one can try more than once for the same offense. Particular attention has been paid to comparative aspects to see if these issues are addressed in the legislation of other states.
