Subsidies for the correct (non) application of the principle of insignificance to cases of embezzlement
Keywords:
Public embezzlement, principle of insignificance, protected legal interests, loyalty of civil servants, public administration assetsAbstract
This paper seeks to clarify whether it is possible to apply the principle of insignificance to public embezzlement cases. After a brief mention of the concept of public embezzlement, we try to identify the legal interests protected by such criminal offense. Then, try to verify if there is relationship between them. In the end, it is concluded that, in order to assess the possibility of applying the principle of insignificance in cases of public embezzlement, the interpreter must take into account the two legal interests protected by the offense. In order for the conduct to be materially atypical, there must be banal damage to the two legal interests concerned.
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