Abuse of office against persons’ interests. Constituent elements

DREPT PENAL ȘI PROCESUAL PENAL

Abstract

The defendant who, in his capacity as employee of the Radiology Clinic – Magnetic Resonance Service within the County Hospital, holding the position of radiology technician, knowingly misused his job duties upon performance of a M.R.I. examination to the injured person, whom he misled regarding the need for taking the second imagistic exam,  performed alone, during the working hours, a second examination not ordered by the physician and in the latter’s absence, he injected into his body without any recommendation on the part of the specialist physician, a substance which caused loss of consciousness to the victim, causing an injury of his legal rights and interests, consisting in affecting his (physical and emotional) health, respectively in breach of the patient’s rights provided for by Art. 6 of Law no. 46/2003 and Art. 649 of Law no. 95/2006, is guilty of having committed the offense of abuse of office against the persons’ interests, provided for by Art. 246 para. (1) of the Criminal Code of 1969, in application of Art. 5 para. (1) of the  Criminal Code.