OBSERVAŢII CRITICE FAŢĂ DE TRATAMENTUL SANCŢIONATOR INECHITABIL ADMIS DE LEGIUITORUL MOLDAV ÎN PROCESUL INCRIMINĂRII UNOR FAPTE INFRACŢIONALE: CAZUL art.329 DIN CODUL PENAL

Abstract

In this study there it is pointed that the sanction of the norms stipulated in letters a) and b) paragraph 2) of art.329 PC RM gives them unconstitutionality, fact resulting from comparative analysis of the sanction stipulated in paragraph (2) of art.329 PC RM in relation to sanction stipulated in paragraph (2) of art.327 PC RM. More exactly, it is noted that the sanction of the norms stipulated in paragraph (2) of art.327 PC RM which, inter alia, establishes criminal liability for the abuse of power or abuse of official position that caused severe consequences is milder than the sanction of the norms stipulated in paragraph (2) of art.329 PC RM (negligent performance of duties that caused the death of a person or other severe consequences) which contradicts to the principle of establishing penalties based on the degree of social danger which represents the prejudicial act and the perpetrator. Is demonstrating that such situation seems to be discriminatory, because it puts in an unfavorable position persons accused of committing negligent performance of duties that caused the death of a person or other severe consequences in relation to persons accused of committing abuse of power or abuse of official position that caused severe consequences.

Keywords

• negligent performance of duties, abuse of power or abuse of official position, severe consequences, the death of a person, inequitable sanctioning treatment, equality, discrimination, punishment