Sesizare pentru dezlegarea unei chestiuni de drept. Spitalul militar – instituție publică în sensul art. 135 din Codul penal
Referral for resolving a legal matter. Military Hospital – public institution within the meaning of art. 135 of the Criminal Code

Summary/Abstract: The military hospitals within the Ministry of National Defense's own network meet the requirements to be qualified as public institutions, as they are established by the Government, provide a service of public interest to the population and are financed from public funds, being irrelevant if they have the status of military unit and are led by a commander. Military hospitals do not fall within the broader scope of the notion of public authority provided in art. 175 para. (2) and art. 176 of the Criminal Code, as it was defined by the Decisions no. 18/2017 and no. 37/2022 of the Panel for resolving some legal issues in criminal matters. In this circumstances, in accordance with the provisions of art. 135 para. (2) of the Criminal Code, the military hospital can be criminally liable for the crimes committed in the exercise of the object of activity – the provision of medical services, as this can be the object of the private domain. The military hospital cannot be an active subject – author – of the crimes of bribery and abuse of office, as this public institution cannot have the status of civil servant or civil servant assimilated according to art. 175 of the Criminal Code, respectively private official within the meaning of art. 308 para. (1) of the Criminal Code. Moreover, the military hospital does not have office duties that are protected in accordance with the legal object of the crimes of bribery and abuse of office.

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