Civil Servant – Active Subject of Service Offenses

The distinct regulation in the Criminal Code of service offenses raised the issue of defining the notion of civil servant in this branch of law. It is unanimously accepted in doctrine and jurisprudence that the notion of civil servant in criminal law is different from that in administrativ...

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Main Author: Costel Cristinel Ghigheci
Format: Article
Language:English
Published: Transilvania University of Brasov Publishing House 2021-12-01
Series:Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
Subjects:
Online Access:https://webbut.unitbv.ro/index.php/Series_VII/article/view/1050/949
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author Costel Cristinel Ghigheci
author_facet Costel Cristinel Ghigheci
author_sort Costel Cristinel Ghigheci
collection DOAJ
description The distinct regulation in the Criminal Code of service offenses raised the issue of defining the notion of civil servant in this branch of law. It is unanimously accepted in doctrine and jurisprudence that the notion of civil servant in criminal law is different from that in administrative law, having an autonomous meaning. This is the reason why the legislator defined in art. 175 of the Criminal Code the notion of civil servant used in criminal law, but referring to two categories: that of “proper” civil servants and that of “assimilated” civil servants. In the case of service offenses, only the first category of civil servants, defined in art. 175 paragraph (1) of the Criminal Code, is of interest.
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publisher Transilvania University of Brasov Publishing House
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series Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
spelling doaj-art-be7b6ad1398a4a438fd85fb3fe3c3c832024-11-17T10:12:13ZengTransilvania University of Brasov Publishing HouseBulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law2066-77012971-94102021-12-0114(63)Special Issue177182https://doi.org/10.31926/but.ssl.2021.14.63.3.23Civil Servant – Active Subject of Service OffensesCostel Cristinel Ghigheci0Transilvania University of Brasov, RomaniaThe distinct regulation in the Criminal Code of service offenses raised the issue of defining the notion of civil servant in this branch of law. It is unanimously accepted in doctrine and jurisprudence that the notion of civil servant in criminal law is different from that in administrative law, having an autonomous meaning. This is the reason why the legislator defined in art. 175 of the Criminal Code the notion of civil servant used in criminal law, but referring to two categories: that of “proper” civil servants and that of “assimilated” civil servants. In the case of service offenses, only the first category of civil servants, defined in art. 175 paragraph (1) of the Criminal Code, is of interest.https://webbut.unitbv.ro/index.php/Series_VII/article/view/1050/949service offensescivil servantcriminal codeadministration
spellingShingle Costel Cristinel Ghigheci
Civil Servant – Active Subject of Service Offenses
Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law
service offenses
civil servant
criminal code
administration
title Civil Servant – Active Subject of Service Offenses
title_full Civil Servant – Active Subject of Service Offenses
title_fullStr Civil Servant – Active Subject of Service Offenses
title_full_unstemmed Civil Servant – Active Subject of Service Offenses
title_short Civil Servant – Active Subject of Service Offenses
title_sort civil servant active subject of service offenses
topic service offenses
civil servant
criminal code
administration
url https://webbut.unitbv.ro/index.php/Series_VII/article/view/1050/949
work_keys_str_mv AT costelcristinelghigheci civilservantactivesubjectofserviceoffenses