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
Related Articles
- EP ID EP193562
- DOI -
- Views 86
- Downloads 0
The competence of the un international court of justice of solving a dispute by using ex aequo et bono
The issue of investigating the competence of the International Court of Justice in solving an international dispute through ex aequo et bono is not fully dealt with in the national doctrine of public international law...
Trend of regulation of a new categories of international crimes in international public law
The present article shall attempt to illustrate crimes that in the current context have acquired international valences, namely human trafficking, the destruction of international value and piracy. We shall address the i...
Bringing by force and notice in search - present ensuring of the defendant in the court
In this article we will analyze the legal provisions and the procedure of forced labor demand and announcement ordered by the court after the procedure of legal summoning of a defendant who has been evaded since the pres...
The dimension of the principle of subsidiarityin the international law of human rights
The definition of the principle of subsidiarity results in the development of two interdependent meanings. In the negative sense, the subsidiarity requires larger social units, such as the state, to refrain from any acti...
The inadmissibility of evidence obtained by the violating fundamental rights and freedoms
Procedural acts an evidentiary procedures constitutes live tools due to which all participants in a trial are able to exercise their rights, to express effectively their interests, while the prosecutor and criminal inves...