NEGLIJENŢA ÎN SERVICIU CARE A PROVOCAT ALTE URMĂRI GRAVE (lit.b) alin.(2) art.329 CP RM): ASPECTE TEORETICE ŞI PRACTICE

Abstract

In this study the offence of negligent performance of duties that cause other severe consequences is being examined. The theoretical-practical problems created by the constitutive sign “other severe consequences” are highlighted. It is noted that judicial practice in the matter of negligent performance of duties is uneven regarding determining the content of the sign “other severe consequences”, which is dictated by the elusive, unclear and ambiguous character of that sign. The sign “other severe consequences” (inscribed in letter b) paragraph (2) art.329 PC RM) creates favorable conditions for the establishment of free will, the addressee of the criminal law being put in a situation to “guess” under whose rules of incrimination his behavior may fall. It concludes on the substitution of the phrase “other serious consequences” in the text of the letter b) paragraph (2) of art.329 PC RM with exacting, clear and predictable damaging consequences.

Keywords

• negligent performance of duties, prejudicial consequence, other severe consequences, judicial practice, estimative sign, predictability, clarity