Particularitățile răspunderii penale a executorului judecătoresc
Characteristics of the bailiffs’ criminal liability

Summary/Abstract: The article sets out the characteristic elements that define the criminal liability of the bailiff, emphasizing the typology of the crimes that can have as active subject this professional category, with the indication of the relevant case law of the practice of the courts of Romania and of the court of constitutional litigation. Within the preamble of the study we discuss about the general activity framework of the bailiffs, with reference to the special law (Law no. 188/2000) and the infralegal legal norms of the regulation for the implementation of the law and the statute of the profession and the deontological code, are reviewed in the preamble of the study. At the same time, the main forms of the illicit from the legal responsibility of the bailiffs are reviewed, starting from the civil (material) liability, continuing with the administrative (disciplinary) responsibility and ending with the most serious form of criminal liability. In the development of the subject regarding the facts in the field of criminal liability, the types of offenses that the bailiffs can commit are approached triotomically: firstly, the offenses that have a direct connection with the professional activity of these legal subjects, such as offenses against the patrimony. by disregard of trust, offenses of destruction and disorder of possession, offenses against the execution of justice, offenses of corruption and service, offenses of forgery in the documents; secondly, the economic crimes that can be committed by any entity that carries out activities in the commercial circuit and which must be subject to fiscal legislation (tax evasion, money laundering); thirdly, offenses that are not related to the conduct of professional activities and which do not impose any special quality on the active subject in order to achieve the conditions of objective typicality.

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