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
Related Articles
- EP ID EP443661
- DOI -
- Views 98
- Downloads 0
Legal procedure on employees dismissal in case of entity liquidation or ceasing of the employer-physical person activity
In this article is analysed the legal procedure of employees dismissal in case of entity liquidation or ceasing of the employer-physical person activity (Art. 86, paragraph (1) letter b) of the Labor Code of the Republic...
The efficientisation of the mechanism for the application of the institution of mediation in criminal proceedings
The study proposed to present comparatively of the similarities between the institution of reconciliation and that of the mediation agreement, both based on the consent of the parties, respectively of the perpetrator (th...
The legal basis of interaction in the criminal investigation
This article presents a discussion on the legal bases of interaction regarding criminal matters investigation and prosecution. Article sets out legal bases for interaction statutory by law and departmental normative acts...
FORENSIC DIAGNOSIS: NOTION, TASKS AND TYPES
The efficient, effective and sober activity of public prosecutor, police officer and investigating officer, is a challenge for the qualitative accomplishment of the justice act, therefore, in order to satisfy the rigors...
Modern means of summoning in civil proceedings, current state and development perspectives
Summoning is a predominantly technical and mechanical process, which does not involve direct implication of the participants in the process, being an act exclusively performed by the court. Therewith, summoning is one of...