PUBLIC FUNCTION ACCORDING TO THE NEW ROMANIAN PENAL CODE, AS AGAINST PREVIOUS REGULATIONS Cover Image

FUNCȚIA PUBLICĂ ÎN REGLEMENTAREA NOULUI COD PENAL RAPORTAT LA REGLEMENTĂRILE PRECEDENTE
PUBLIC FUNCTION ACCORDING TO THE NEW ROMANIAN PENAL CODE, AS AGAINST PREVIOUS REGULATIONS

Author(s): Oana Racolţă
Subject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: New Romanian Penal Code; public function; officer; public; legal profession; lawyer; notary; judicial reform.

Summary/Abstract: This survey intends to analyse the meaning of “public function” notion, as well as of assimilate concepts or concepts legally related to this notion, considering the legislative evolution lately occurred in Romania, both in penal law field, where the setting of the New Penal Code resulted in major amendments, and in administrative law field, where this notion is particularly and differently featured. I also put forward the membership of Romanian legal professions to the “public function” field, which is, from the legal liability point of view, important for penal data providing this quality of active or even passive subject, representing in the same time are quisite for legal liability. The difference between previous regulations and the New Penal Code is obvious, currently the regulation norm being more complex than formerly. The survey also presents the overview of European law on the “public function” notion, as well as the comparative review between this law and the Romanian internal regulations.

  • Issue Year: 1/2014
  • Issue No: 1
  • Page Range: 159-165
  • Page Count: 6
  • Language: English