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

AuthorMircea Tutunaru
PositionSenior Lecturer, PhD, Assistant Professor, PhD, Universitatea Titu Maiorescu Bucuresti, Facultatea de Drept Târgu Jiu, str. Ecaterina Teodoroiu no. 6, Târgu Jiu, Romania
Mitigating Circumstances in the Current
and the New Criminal Code.
Comparative Examination
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
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:
AUDJ, vol. 9, no. 3/2013, pp. 82-88

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