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Theoretical and Practical Aspects of the Negligence in Performance of Duties Offence


Author: Popenco Adrian
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2020
Scientific adviser: Adriana Eşanu
doctor, associate professor (docent)
Institution: Moldova State University

Status

The thesis was presented on the 14 November, 2020 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.43 Mb / in romanian
Adobe PDF document0.37 Mb / in english

Thesis

CZU 343.357(043.3)

Adobe PDF document 2.05 Mb / in romanian
247 pages


Keywords

offence in public position, imprudence, professional duties, public person, unconscious or negligent attitude, delimitation, comparative study, judicial practice etc

Summary

Thesis structure: Introduction, 4 chapters, general conclusions and recommendations, bibliography of 370 titles, 228 pages basic text. The fundamental ideas and scientific results are exposed and published in 12 scientific papers.

The domain of study: This thesis belongs to the criminal law, the Special Part.

The purpose and objectives of the study: the purpose of the paper is to carry out a solid theoretical-normative investigation in the matter of the negligence in performance of duties offences, in detecting and clarifying the practical problems faced by the persons empowered with the application of the criminal law when applying in concreto the norms registered in the art.329 CC RM , as well as in identifying the deficiencies of the respective norms, with the formulation of legislative proposals able to improve the current legal framework in this matter.

The objectives are: the theoretical-normative approach of the elements of the criminal components legally enshrined in art.329 CC RM; identification of the correlation between the norms stipulated in art.329 CC RM and those included in the normative acts of reference; critical analysis of the legislative technique of construction of the norms registered in art.329 CC RM; the research of the judicial practice in the matter of the offences provided in art.329 CC RM; the detection of the legislative deficiencies that mark the incriminating norms provided in art.329 CC RM; formulation of the de lege ferenda proposals able to improve the content of norms that incriminate the acts of negligence in performance of duties.

The scientific novelty and originality: find expression in the fact that various last-minute theoretical-practical problems have been identified where appropriate solutions were tried. The scientific novelty of this work also consists of: a) pointing out the manner of the content identification of the secondary legal object of the crimes, provided in art.329 CC RM by referring it to the type of harmful consequences that occurred; b) establishing the entities that cannot be victims of the offences of negligence in performance of duties; c) highlighting the correlation between the incomplete norms provided in art.329 CC RM and the complementary ones from reference normative acts; d) comprehensive argumentation of the content of the two normative ways of expressing the prejudicial fact through the prism of the judicial practice in the matter; e) accurate detection of the content of the harmful consequences recorded in art.329 CC RM; f) proving, by reasoning, the impossibility of developing the missed income as a form of damages in large-scale and especially large-scale; g) the argued identification of the limits between the offences of negligence in performance of duties and other related criminal acts, etc.

The theoretical importance: the paper represents a scientific-methodological source necessary for the local doctrine, and not only, a necessity for the continuous development of the science of criminal law. Practical value: the work can be useful for persons empowered with the application of criminal law to concrete practical cases. The paper carries important theoreticalpractical significance, analyzing over 85 court decisions, which also served as the empirical basis of this study. As a result of the undertaken research, practical recommendations were formulated as well as various qualification solutions proposed for certain problematic situations.