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Some considerations on disciplinary liability overlapping criminal liability

Stefania Dumitrache ()
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Stefania Dumitrache: Police Academy „Alexandru Ioan Cuza”

Juridical Tribune (Tribuna Juridica), 2011, vol. 1, issue 2, 186-193

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.

Keywords: disciplinary liability; criminal responsibility; misconduct; crime (search for similar items in EconPapers)
JEL-codes: K14 K31 (search for similar items in EconPapers)
Date: 2011
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