Some considerations on disciplinary liability overlapping criminal liability Cover Image

Unele consideraţii privind cumulul răspunderii disciplinare cu răspunderea penală
Some considerations on disciplinary liability overlapping criminal liability

Author(s): Stefania Dumitrache
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: disciplinary liability; criminal responsibility; misconduct; crime

Summary/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.

  • Issue Year: 1/2011
  • Issue No: 02
  • Page Range: 186-193
  • Page Count: 8
  • Language: English