Civil Servant – Active Subject of Service Offenses

Abstract

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.