Some Considerations on the Concept of Public Authorities and Public Officials in New Criminal Code Regulations

• Author: Mircea Tutunaru
• Position: Senior Lecturer, PhD, Assistant Professor, PhD, Universitatea Titu Maiorescu Bucuresti, Facultatea de Drept Târgu Jiu, str. Ecaterina Teodoroiu no. 6, Târgu Jiu, Romania
• Pages: 82-88

JURIDICA

82

Mitigating Circumstances in the Current

and the New Criminal Code.

Comparative Examination

Mircea TUTUNARU

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Abstract: By using the word “public”, the Criminal Law r efers to all public a uthorities and

institutions and also to all legal entities of public law. Particular attention is paid to the publi c

function and to its holder- the civil servant. It also provides the conditions that a person has to meet in

order to act as a public servant. Prerogative power is an essential element in the official identification

of the public servant.

Keywords: Criminal Law; public institutions; public property; legal person; social relations

1. Public Authorities

The term “public” means all the public authorities, the public institutions and other

legal entities administering or operating public property assets. Undoubtedly,

whether we consider the meaning of the term “public”, we will reach the

conclusion that it has a multifaceted character and signifies either a community of

people or something that belongs to such a community, concerning all of us.

In everyday life, this term is very commonly met. The term “public” is used in the

Penal Code and in special laws, but also in non-criminal laws. In the Penal Code,

the word “public” is used by the legislature to designate all the public authorities

and institutions, or other entities of public law. Thus, in art.175 of the Penal Code,

the term “public” is defined by the legislature. For the purposes of art.178, para.2

of the new Criminal Code, the documents emanating from public authorities and

institutions are official documents. Similarly, acts and actions that come from legal

persons administering and operating the publicly owned property are also official

documents.

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Senior Lecturer, PhD, Assistant Professor, PhD, Universitatea Titu Maiorescu Bucureşti, Facultatea

de Dr ept Târgu Jiu, str. Ecaterina Teodoroiu no. 6, Târ gu Jiu, Romania. Phone: +4072.313.37.36;

Corresponding author: mircea_tutunaru@yahoo.com.

AUDJ, vol. 9, no. 3/2013, pp. 82-88