Practicianul în insolvență: a fi sau a nu fi... funcționar public. Perspectiva legii penale
The insolvency practitioner: to be or not to be… public servant. The criminal law perspective

Summary/Abstract: Unlike the Administrative Code, the Criminal Code defines in an extended manner the meaning of public office, determining on the one hand the categories of persons likely to commit as qualified subjects certain categories of offences (for example, those of abuse of power or corruption), and on the other hand, the sphere of people who benefit from special protection from the criminal law precisely as a result of the service they perform (for example, through the offence of assault of a public official). Although they are not civil servants as defined by the Administrative Code, judicial practice is unanimous in appreciating that the insolvency practitioner falls into the category of assimilated civil servants as stated in art. 175 para. (2) of Romanian Criminal Code.

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