The Active Subject of Embezzlement
The Active Subject of Embezzlement

Summary/Abstract: In this article, I aimed at making an analysis concerning the active subject of embezzlement, stipulated by Art. 295 of the Criminal Code. I believe that this analysis is imperative, considering that, although the contents of the embezzlement incrimination norm of the current Criminal Code is identical to that in the previous regulation, however there are important changes, which do not concern only the gentler sanctioning system of the current Criminal Code. Thus, if in the former Criminal Code, the offense of embezzlement was included in the category of offenses against patrimony, in the current Criminal Code, it is found in the chapter related to offenses of service. Likewise, in the current Criminal Code, the definition of the notion of public clerk differs substantially from the one in the Criminal Code. All these changes have an influence in terms of the active subject of embezzlement, as we are going to see.

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