We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
41. Neglijență în serviciu. Elementul material.
- Abstract
Not only any omission or error falls within the scope of the objective side of the offense of negligence resulting in breach of duty, and, if the offense which the defendant is charged with, lacks the objective typical character, the solution of the first instance court, consisting in the acquittal of the defendant from the accusation of committing the offense of negligence resulting in breach of duty, provided for by Article 298 of the Criminal Code, shall be fair. Given that the accused was moved to another police station, the information gathered by the defendant and mentioned in the layout prepared could be exploited -- without any impediment -- by another person appointed in this case, who, based on the data collected by the accused could draft the crime scene investigation report, indicating therein that, actually, the crime scene investigation was carried out by the defendant, and the procedure of writing the accused's findings on paper was carried out by the respective person. It is true the fact that the defendant was required, following the activity conducted during the crime scene investigation, to materialize the circumstances found in a procedural document entitled crime scene investigation report, however, on the one hand, we indicate that, according to the applicable laws, there are no express provisions establishing an imperative deadline within which the respective report should have been drafted. On the other hand, failure to draft the crime scene investigation report by the accused, is due to certain objective reasons, in the context in which the defendant took his annual leave on 11 April 2016, after which, on 19 April 2016 he was moved to another police station and subsequently, he was subjected to a preventive measure, and these two last events were not expected circumstances for the accused.
- Subjects
CRIME scene searches; EMPLOYEE vacations; INVESTIGATION reports; POLICE stations; CRIMINAL codes
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p266
- ISSN
1844-6450
- Publication type
Article