Definirea funcționarului public subiect al infracțiunilor de corupție

Abstract

In the administrative law doctrine, both scholars and legislation contend that public servants are to be legaly invested, either by appointment or by election, in a public office - of authority, administration, implementation, public utility; to enjoy some prerogatives of authority; to have a certain capacity defined through its scope, and accountability; and to have institutional affiliation. Criminal law however, due to the fact that it is normatively and conceptually autonomous, is not held to the meaning given to certain notions by the areas of law from which these notions have been taken and can therefore give a new different meaning to the concepts analyzed. The meaning of concepts such as “clerk”, “public servant”, “wage earner” in criminal law have a different meaning than within the field of administrative law. More so, they differ from the definitions established by the European law, therefore efforts should be undertaken by the Romanian legislator in order to have a coherent approach.