SUBIECŢII RĂSPUNDERII JURIDICE PENTRU ÎNCĂLCAREA OBLIGAȚIILOR DE SERVICIU
Subjects of Juridical Liability for Breach of Service Obligations

Author(s): Adrian-Remus Ghiculescu
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: civil liability; criminal liability; contraventional liability; disciplinary liability; subject of legal liability;
Summary/Abstract: This article briefly examines the main forms of legal liability in the case of a public servant breaching their job duties namely civil liability, criminal liability, contraventional liability and disciplinary liability, in terms of the active and passive subjects of each form of legal liability.The active subject of legal liability is the person who holds the right to hold accountable the person who committed the unlawful act.The passive subject of legal liability may be the person in charge of the obligation to enforce the legal sanction to which the injured party has the right to do so through the unlawful act.An active subject of legal liability for breaching off service obligations may be the State, the public authority or institution, the military unit, the employer, the professional organization or any natural or legal person injured in his / her rights or in a legitimate interest by an administrative act or by failing to solve a request within the legal term.Passive liability of legal liability for breach of duty may be a civil servant (within the meaning of Article 2, paragraph 2 of Law no. 188/1999), the dignitary, the magistrate, the military, the employee, the freelancer, the volunteer or the student or student in practice.All the forms of legal liability have in common the principle of legality of the prosecution and the principle of legality of the sanctions.

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