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

Igor SERBINOV Universitatea de Stat din Moldova

Аннотация

This article is dedicated to the thorough analysis of the prejudicial consequences and the causal link, viewed as elements of the objective side of the offences provided by art.329 PC RM. It is argued that the application of art.329 PC RM does not exclude the application of the disciplinary sanction for the same offence, with the condition that the disciplinary sanction must not have a „penal character”. It is established that, if the offences, referred to at art.482, par.(1) art.189, art.2202, par.(2) art.227, par.(1) art.275 or other such norms from the Contravention Code, causes the prejudicial consequences specified in art.329 PC RM, therefore this article will be the one to be applied and not the contravention norm. It is also pointed out that not the lost income, but the actual prejudice (including not receiving the rightfully owned goods) forms the content of the material prejudice caused by the offences stipulated in art.329 PC RM. In the case under lett.a) par.(2) art.329 PC RM the plurality of victims is possible. It is shown that: taking into account the provision of par.(2) art.3 PC RM, the failure to apply the provision under lett.b) par.(2) art.329 PC RM is preferable to the actual application of this provision. 

Keywords: negligence in the workplace, prejudicial consequences, damages in large proportions, damages in parti-cularly large proportions, the death of a person, other serious consequences, non bis in idem.