The harmful consequence of the offence of negligent performance of duties providet to par. (1) art.329 PC RM Part I
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 46, Issue 3
Abstract
The study aims to identify the content of the harmful consequence provided to par. (1) art. 329 PC RM – large-scale damage to public interests or to the legally protected rights and interests of individuals or legal. It is shown that the harmful consequence provided to par. (1) art. 329 PC RM exclusively may have a patrimonial character, resulting from the systemic interpretation of this norm with that specified in par. (1) of art.126 PC RM. It is noticed that not the same thing is supported by some law enforcement officers. In this regard, they were analyzed several judgments which highlight this fact. It is revealed that under current legal conditions (in the case where the sign “other serious consequences” is deficient) art.329 PC RM is inapplicable for the hypothesis of causing non-patrimonial damage.
Authors and Affiliations
Adrian Popenco
Civil society participation in protecting and monitoring the constitutional social rights’ observance
The article deals with the activities of non-governmental organizations, other representatives of the civil society of the Republic of Moldova in protecting and monitoring the observance of constitutional social human ri...
Exception of unconstitutionality – way of individual access to the constitutional justice
In the present paper, the author analyses the institution of the exception of unconstitutionality, including the developments in this area in the domestic case-law and the comparative law aspects. The exception of uncons...
Judicial discussions in the abbreviated procedure
Judicial debates are the stage in which the principles specific to the judgment (advertising, oral, and contradictory) are manifested in their fullness, confronting directly and directly the fundamental procedural functi...
The admissibility of the second appeal in the civil procedure: the experience of the Republic of Moldova in the regional context (II)
The articles analyses the evolution of the institution of the admissibility of the second appeal in the civil procedure of the Republic of Moldova, from the perspective of legal provisions and case law of the Supreme Cou...
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...