The Unfulfillment or the Defective Achievement of Office Duties according to the New Criminal Code. Comparative Examination. Critical Comments

• Author: Ion Rusu
• Position: Senior Lecturer, PhD, 'Danubius' University of Galati
• Pages: 82-88

ACTA UNIVERSITATIS

82

Abstract:

The aim of the r esearc

Code relating to the unfulfillm

examination of the current prov

legislation in the matter. The pa

national and international journ

focuses on examining the ne

w

railway accident, as comparative

research can be useful to practi

research consists of critical rema

the completion of the aggravated

Keywords:

offense; type variant

1. Introduction

After

the advent of rail

defending the fundamenta

complex activity. Among

physical entities’ body in

railways transport comp

carriages, railroad and othe

The first incriminations o

century, in the Criminal Co

regarded only certain acts

and it did not aim at the eff

1

Senior Lecturer, P hD, “Dan

Romania. Tel.: +40.372.361.10

danubius.ro.

IS DANUBIUS

Vol 9, no. 1

/2

The Unfulfillment or the

Defective

Achievement of Office Duties according

the New Criminal Code. Comparativ

Examination. Critical Comments

Ion RUSU

1

arch consists of the examination of the provisions of the New Cri

llment or the defective achievement of office duties, a compa

rovisions a nd building critical comments

that would help impro

paper continues further research in this area, which w

as

publish

rnals or conference proceedings. The concrete results of the r es

w provisions on active and passive subjects of crime, to definin

ive examination and

some

critical observations as well. The value

actitioners in this field, theorists and to the Romani an

legislator

marks and proposals for improving the content of the type offens

ted variant.

ant; aggravated variant; railway accident

railway transports the Romanian legislator insisted

ntal values that could be harmed by the railway tran

g the values identified by the legislator we mention:

in

tegrity and health, transported goods, goods owne

panies or rail infrastructure, including: locomot

ther facilities, buildings, etc.

s of such acts appear from the second half o

f the X

Code of 1864 in article 370 and 371. These incrimina

ts or omissions by persons unaware of the railway sy

effective activity of the employees in the system.

anubius” University of Galati, 3 Galati Boulevard, 800654 G

.102, fax

: +40.372.361.290. Corresponding author: rusuion@

AUDJ, vol. 9, no. 1/2013, pp.

/20

13

ve

ing to

tive

Criminal

parative

rove t he

lished in

research

ining the

ue of the

tor. The

ense and

ted on

ansport

on: life,

ned by

otives,

e XIX

th

inations

system

4 Galati,

n@univ

-

p. 82

-88