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Some considerations on disciplinary liability overlapping criminal liability

Author

Listed:
  • Stefania Dumitrache

    (Police Academy „Alexandru Ioan Cuza”)

Abstract

Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action.

Suggested Citation

  • Stefania Dumitrache, 2011. "Some considerations on disciplinary liability overlapping criminal liability," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 1(2), pages 186-193, December.
    • Handle: RePEc:asr:journl:v:1:y:2011:i:2:p:186-193
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    File URL: http://www.tribunajuridica.eu/arhiva/An1v1/nr2/art7eng.pdf
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    Cited by:

    1. Radu Ștefan Pătru, 2020. "Administrative-Disciplinary Liability Of Civil Servants From The Perspective Of The Administrative Code," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 9(1), pages 15-21, May.

    More about this item

    Keywords

    disciplinary liability; criminal responsibility; misconduct; crime;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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