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THE CIVIL SERVANT. STATUS AND LIABILITY UNDER ROMANIAN CRIMINAL LAW
Abstract
The Romanian criminal law confers a much broader significance on the notion of civil servant than the law of administrative contentious. By virtue of these regulations, some categories of public officials, under certain conditions, if they do certain things, will not be criminally liable for corruption or service offenses. In the present paper, we propose to analyze the different categories of civil servants and the way in which they are criminally responsible for the acts of corruption. We will carry out a legislative and doctrinal analysis, as well as the jurisprudence of the Romanian courts in the matter. We will analyze civil servants as active subjects of crimes and we will determine under what conditions they are responding to the criminal law, starting from the example of a doctor who, if working in the state medical system, has the quality of a public official stricto sensu and is responsible for corruption offenses for any activity, and if he works in a private hospital, he has the quality of assimilated civil servant and he is only responsible for certain facts.
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