THE HARMFUL CONSEQUENCE OF THE OFFENCE OF NEGLIGENT PERFORMANCE OF DUTIES PROVIDET TO PAR. (1) ART. 329 PC RM
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 47, Issue 4
Abstract
The study aims to identify the content of the harmful consequence of the offense provided to par. (1) art. 329 PC RM (negligent performance of duties). It is shown that this can take the form of property damage expressed in the loss of profit by not paying to the state budget the amount of money due. It is also argued that in the context of negligent performance of duties, lost income cannot be part of the caused material damage. Its specification in the determination of material damage contradicts to the principle of the lawfulness of incrimination as regards the requirements of clarity and predictability of the rule of incrimination. An official, as the recipient of the criminal law, is unable to predict any lost income caused as a result of failure to perform or of improper performance of his professional duties. The lost income has no clearly defined limits, being an uncertain, probable, unequivocal legal category. Similarly, it is noted that in the application of the norm provided to par. (1) art. 329 PC RM it must be determined precisely whether the harmful consequence was caused to the detriment of a public or a private interest.
Authors and Affiliations
Adrian Popenco
Keywords
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