Negligent performance of duties: delimitation of some similar criminal acts (I)
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 41, Issue 2
Abstract
The study aims to identify similarities and differences between the abuse of power or abuse of official position (art.327 PC RM) and negligent performance of duties (329 PC RM). Comparative with abuse of power or abuse of official position, negligent performance of duties involve manifestation by the public person a conduct resulted in poor performance of its service obligations. Offences provided in art. 327 PC RM, in essence, do not involve improperly performance of duties, but by abuse. Offenses provided art. 329 PC RM is characterized by imprudence as a form of guilt. In contrast, abuse of power or abuse of official position may be committed with direct or indirect intent, except point c) para. (2) art. 327 PC RM where against harmful consequences the perpetrator manifests imprudence.
Authors and Affiliations
Adrian Popenco
Keywords
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