Răspunderea penală a funcționarilor publici
Criminal Liability of Public Servants

Author(s): Mihnea-Alexandru Cerchez
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: public administration; penal responsibility; civil servant; offence; the functions of the public position.
Summary/Abstract: The public administration is established on the legality principle, enforcing the law as it is, the infringement of the law, as the commitment of some facts that defy the protected laws , this supposes the juridical responsibility in its numerous forms. The judicial institution stated that the responsibility of the civil servant can be consisted in: disciplinary responsibility on the basis of the infringement of the disciplinary norms mentioned in the service report; contraventional liability for the assumption of committing some antisocial facts considered as minor offences by the law; patrimonial responsibility on the basis of the provisions of Law no. 52 from the Constitution of Romania and the Law no.554/2004 of the contentious administrative; civil responsibility as a consequence of the personal facts of the civil servants, by causing some damages to the third, independently by the responsibilities of the public position; penal responsibility when the civil servant commits facts that are considered offences in the Penal Code or by the special laws. As far as the provisions are concerned, the Status of the civil servants, the guilty infringement of the service duties by the civil servants leads to disciplinary responsibility, contraventional liability, civil and penal responsibility and the responsibility of the civil servant for the offences committed during the service or that are in connection with the responsibilities of the position that he occupies, is related to the penal law.

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