Depends on how you define "to use 8,33". The one case where you could theoretically get in trouble is when you use the "old" radio on a new "frequency" of which a neighbour frequency is in active use; you could then disturb communications there and that might perhaps be traceable to you and then you might be invited for tea with no biscuits.
Example: published frequency = 118,005, you tune in with your 25 kHz radio set to 118,000. Perfect communications however you are also transmitting into the 118,020 (or was it 118,015?)channel (we shouldn't speak of frequencies any more, to be correct, but rather of channels).
I do not think there are many cases yet of adjacent channels being in use, but have no references.