THE PUBLIC SERVANT – ACTIVE SUBJECT OF CORRUPTION CRIMES UNDER CURRENT CRIMINAL LEGISLATION
THE PUBLIC SERVANT – ACTIVE SUBJECT OF CORRUPTION CRIMES UNDER CURRENT CRIMINAL LEGISLATION

Summary/Abstract: The state or the institutions of the state operate with the participation of public servants, which entails to the latters of a conduct worthy of the position they hold and of the authority enjoyed. In this sense, the criminal law has, on the one hand, the role of ensuring the prestige of public servants, and, on the other hand, to hold criminally liable those who are guilty of acts unworthy related to their activity. In this paper, we intend to identify categories of persons who may be held liable as active subjects of corruption crimes, according to current legislation in force in our country, and certain controversial aspects related to the subjects of these crimes. To better define the notion of public official from criminal law point of view, we have considered including the international and community legal documents of reference.

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