Criminal liability of the civil servants and other persons that have important functions, in Romania and some other countries thar are members of the European Union
Author | Marincas Viorica |
Pages | 146-150 |
CRIMINAL LIABILITY OF THE CIVIL SERVANTS AND OTHER
PERSONS THAT HAVE IMPORTANT FUNCTIONS, IN ROMANIA AND
SOME OTHER COUNTRIES THAR ARE MEMBERS OF THE EUROPEAN
UNION
Viorica Marincas
Abstract: Legal liability in the science and practice of law, is a central area, since it is
essentially a guarantee of achieving law and its concrete manifestations, as a fundamental
component of the system of law, is an amount of specialized forms of liability are governed by
separate legal institution. Legal liability is a form of social responsibility established by the State in
breach of rules of law by a wrongful act entailing bearing the consequences appropriate to the
guilty, including the use of coercive force to restore order to rule of law infringed.
Key words: legal liability, sanction, illicit action, criminal liability, civil servant
The legal liability is a very important part of the science and law practice as it guarantees the
right. In its manifestations it represents a sum of specialized liabilities that are governed by different
legal institutions.
As the legal system is concerned, the legal liability represents the negative consequences
that arise from doing something illegal.
The legal liability is a form of social liability imposed by the state as a result of breaking the
law norms by an action that brings some consequences including the use of force by the state in
order to re-establish the law.
In prof. Ion Oancea’s opinion “the legal liability is a complex of rights and obligations”.
Other writers define the legal liability as being the judicial action of constraint that leads to judicial
sanction.
The liability will result in a sanction due to some illicit action. The legal liability is the result
that a person that broke the legal norms established by the state reaches. This result is a sanction of
the law.
The legal liability is the fundamental judicial institution of the criminal law that together
with the crime and the sanction institutions represent the most important parts of the criminal law
1
As a form of legal liability, the criminal liability is a consequence of breaking the criminal legal
norm by a person or a legal entity.
In order to establish the law order in general and the criminal law order, all persons that are
part of a state need to behave in the limits of the laws of that state so that the social relations would
develop normally.
Those who do not behave according to the previsions of the criminal norms and commit
illicit actions are constraint by a criminal legal report of conflict in order to re-establish the order.
In the criminal doctrine the criminal liability is defined as being “the criminal legal report of
constraint issued from the breaking of the law; the state on one side and the criminal on the other
side. This is a complex report whose content is represented by the right of the state as representative
of the society to punish the criminal, to sanction him according to his actions and to constrain him
to fulfil the sanction as well as the criminal obligation to answer for his action, to obey the sanction
given in order to re-establish the order and the authority of the law”
2
.
As the criminal liability is solely based on committing a criminal act in the criminal legal
report of conflict, it must be established:
• The existence of the action that gives rise to the criminal liability, the forbidden
action
• The guilt named by law, in committing that action
1
I. Oancea – Theorethical explanations of the Romanian Cri minal Code, vol. I, p. 99
2
C. Bulai – Criminal Law, vol. III, p. 14 - 17
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