Abstract

In this study it is argued that the person managing a commercial, public or other non-governmental organization cannot be the subject of the offences provided by art.329 PC RM. It is established that a commercial organization (within the meaning of art.124 PC RM), in which the state share is 100 %, cannot be equated with a state enterprise (within the meaning of par. (2) art.123 PC RM). It is determined as appropriate to supplement Chapter XVI of the special part of the Penal Code with an article that would incriminate the offences related to negligence in the workplace, whose subject would be the person managing a commercial, public or other non-governmental organization, or the employee of such an organization. It is concluded that the member of a collegiate body may be considered as a subject of the offences stipulated in art.329 PC RM.

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