Some thoughts on the abuse of a function

Abstract

The aim of this study is to show the actual theoretical and practical issues of the abuse of a function with respect to both public officals and economic operators. In the first part of the study, I outline the general description and the history of the abuse of the function. This paper presents the ruling structure of the abuse of the function, moreover it reviews the similarities and differences between the provisons related to public officials and economic operators. Next, the study analyses the legal provisions of the above mentioned criminal offence. Finally, this study scrutinizes the practical and qualification issues of this crime in the judicial practice.