THE PREJUDICIAL ACT OF THE OFFENCES RELATED TO NEGLIGENCE IN THE WORKPLACE (art.329 PC RM)

Sergiu BRÎNZA, Igor SERBINOV Universitatea de Stat din Moldova

Abstract

This article analyses the prejudicial act, viewed as an element of the objective side of the offenses provided by art.329 PC RM. In this regard, there are pointed out the characteristics of the two normative modalities of the prejudicial act in question. It is established that in art.329 PC RM, by „inappropriate performance” it is meant a „performance accomplished by breaking the law”. Within this context, the term of „law” here also has the meaning of a secondary regulation issued by the Government, by another central or local public administration authority etc., which provides a law in its own right. It is sown that in the case of the secondary regulations (such as job descriptions), which establishes the content of the offender's work obligations, the form or the extent of the fulfillment of these obligations, the time and the conditions of their performance etc., if these regulations have an autonomous character (i.e. are not adopted/issued within the limits and according to the norms of a law), accordingly there is no basis for the application of art.329 PC RM. It is argued that, if the offender's responsibilities do not include obligations whose failure to fulfill them or their inap-propriate fulfillment is incriminated to the offender, therefore, in these cases art.329 PC RM cannot be applied. It is concluded that art.329 PC RM also cannot be applied if the offender's failure to fulfill or the inappropriate fulfillment of his/her/their work obligations have backgrounds that: 1) do not meet the requirements set for a normative act or 2) they meet these requirements, but have not been brought to the offender’s attention by publication or some other way established by law.

Keywords: negligence in the workplace, the prejudicial act, action, inaction, the failure to fulfill work obligations, the inappropriate fulfillment of work obligations, general norm, special norm.