Raportul de cauzalitate în cazul infracțiunilor de abuz și neglijență în serviciu (I). Teoria generală a raportului de cauzalitate. Trăsăturile infracțiunilor de serviciu
Establishing causation in the field of public office offences (I). The general theory of causation. The characteristics of public office offences

Summary/Abstract: Hitherto, when analysing causation, legal scholars have mostly concentrated on violent crimes. Although this type of approach is understandable, it can still raise significant issues when verifying causation in the case of public office crimes. Nevertheless,establishing causation remains essential, even when dealing with this type of misconduct. The first part of this series concentrates on questions of general theory of causation. It also contains a brief analysis of the public office crimes. In part, it focuses on a thorough analysis of causation in the case of omissions. It also proposes a model to adapt some rules derived from common law theory and practice to the objective imputation theory. The second part of the study, which will be published in another number will build upon these principles and apply them to concrete situations, found in legal practice.Hitherto, when analysing causation, legal scholars have mostly concentrated on violent crimes. Although this type of approach is understandable, it can still raise significant issues when verifying causation in the case of public office crimes. Nevertheless, establishing causation remains essential, even when dealing with this type of misconduct.The first part of this series concentrates on questions of general theory of causation. It also contains a brief analysis of the public office crimes. In part, it focuses on a thorough analysis of causation in the case of omissions. It also proposes a model to adapt some rules derived from common law theory and practice to the objective imputation theory. The second part of the study, which will be published in another number will build upon these principles and apply them to concrete situations, found in legal practice.

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