The concept of civil servant according to the new Criminal Code Cover Image
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Conceptul de funcționar public în lumina noului Cod penal
The concept of civil servant according to the new Criminal Code

Author(s): Constantin Duvac
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: term; expression; civil servant; criminal law; assimilated civil servant; explanatory rules.

Summary/Abstract: The author explains in detail the concept of “civil servant”, according to the interpretation of the provisions of art. 175 of the new Criminal Code adopted by Law no. 286/2009, attempting to reveal both the merits and the limitations of the interpretative rule examined contextually.The author examines each of the categories of persons falling, according to the lawmaker’s wish, under the notion of “civil servant”, which he accompanies with examples, at the same time mentioning numerous decisions of the courts of law keeping their validity in relation to the provisions of the new Criminal Code as well.In the end, following the analysis made, the author reaches certain conclusions and formulates some de lege ferenda proposals aimed at improving the text examined.

  • Issue Year: 2011
  • Issue No: 01
  • Page Range: 95-127
  • Page Count: 33
  • Language: Romanian
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