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Negligence And Misuse Of An Official Position Fault Or Mens Rea Of The Civil Servant?

Author

Listed:
  • Adina Daniela RUS

    (Legal adviser - E.ON Romania)

  • Laura Leda PANAIOT

    (Legal adviser - E.ON Romania)

Abstract

The topic of this paper concerns a thorough analysis of two crimes enshrined in the Romanian Criminal Code – negligence and misuse of an official position by a civil servant. Its content lies at the borderline of three areas of law: Criminal, Administrative and European Community Law. Within its first chapter the authors display a series of information regarding the concept of civil servant as perceived in several different legal systems, also comprising the European Union. Furthermore, there is an analysis of the concept of fault as opposed to „mens rea” – the criminal intent that precedes the act. Which are the main elements that differentiate these concepts, in what ways do they influence criminal responsibility and most of all, how difficult is the mission of the party on whom the burden of proof lies?- these are the questions to which the authors are bound to find an eloquent answer. The last chapter entails a practicality of the first two theoretical parts, by the analysis of the relevant national and Community case-law. The final part of the paper is reserved for some observations regarding the current legal state of the matter and stands as a conclusion for the entire framework

Suggested Citation

  • Adina Daniela RUS & Laura Leda PANAIOT, 2009. "Negligence And Misuse Of An Official Position Fault Or Mens Rea Of The Civil Servant?," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 2, pages 98-113, June.
    • Handle: RePEc:pmu:cjurid:v:37:y:2009:p:99-113
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj09/recjurid092_8F.pdf
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    More about this item

    Keywords

    civil servant; negligence; misuse of an official position; fault; intention;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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