EIRP Proceedings, Vol 3 (2008)

Abstract

With the exception of crimes provided for in art. 255 Penal Code (accepting bribery) and
art.257 Penal Code (traffic of influence) – job offences or job related offences, criminal acts witch are included
in Chapter I of Title VI of the Penal Code-special part are committed in a directly mode by a public servant or
another official, in other words active subject of the mentioned offence is qualified. This qualification have to
exist in the momment when the subject is commiting an offence, the subsequent acquisition of quality having no
relevance, because to the perpetrator is not confering the status as an author, like loosing the quality of a public
servant or another official does’nt change situation related with the existence of the crime committedservice.
According to paragraph 1 art.147 Penal Code through public servant means any person engaged permanently
or temporarily, under any title, regardless the way how it was invested, a commission of any kind, remunerate or
not, in service unit of the covered art. 145. From the analysis of art. 147 Penal Code, in conjunction with the art.
145 Penal Code, that any person can have quality of public servant if he exercise an commission service in a
public authority, public institutions, an institution or other legal persons of public interest and services of public
interest.
Romanian legislature distinguish between the quality of "public servant" and the "official". According to
Article 147. paragraph 2 Penal Cod. „official” means any person mentioned in paragraph 1, and any employee
engaged in an errand service to a legal person other than legal ones provided in that paragraph. "Through a
systematic paraphrase, the concept of "official" includes any person who exercises temporarily or permanently,
under any title, regardless the way he was invested, a commission of any kind, remunareted or not, in the service
of the unit referred to art. 145 Penal Code and any employee engaged