LEGAL CONTENT ON THE ABBUSE OF OFFICE OFFENCE –WITH NO PREDICTABILITY

摘要

AS THE LEGAL CONTENT ON THE ABBUSE OF OFFICE OFFENCE, PROVIDED IN ART. 297 ALIN. (1) OF THECRIMINAL CODE, IS DESCRIBED IN VERY GENERAL TERMS, ANY ACT OF JOB DUTY MISCONDUCT MAYFALL WITHIN IT, REGARDLESS OF ITS SERIOUSNESS OR THE CIRCUMSTANCES UNDER WHICH IT WASCOMMITTED. AS A RESULT, UNTIL AN ADEQUATE LEGISLATIVE MODIFICATION, IT IS THE JUDICIALBODIES’ RESPONSABILITY TO DECREE WHAT TYPE OF VIOLATIONS ARE IN THE SCOPE OF THISINDICTMENT – WHICH IS SOLELY THE LIABILITY OF THE LEGISLATURE, ACCORDING TO THESEPARATION OF POWERS PRINCIPLE.