Some Aspects Regarding the Provisions of Articles 175 and 308 Paragraph (1) of the Criminal Code
Keywords:public servant; assimilated public servant; private servant; author; crime
When the legislator considers that a concept used in a legal text has a meaning specific to the field regulated by the respective provisions, he chooses to provide a legal definition for it. This is the case of the notion of "public servant", which benefits from a legal definition in the content of Art. 175 of the Criminal Code, this definition being necessary for understanding the criminalization rules to which the author has this qualification. Sometimes, for reasons of criminal policy, the legislator chooses to criminalize distinctly, in an attenuated version, the same behaviour but committed by persons other than the public servant, as it is the case with the provisions of Art. 308 Para. (1) of the Criminal Code. The problem that arises is that of applying these legal provisions to concrete cases.
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