Unele consideraţii teoretice şi practice privind înţelesul termenului de funcţionar public în lumina dispoziţiilor din noul Clasificare Penal

The difficulties appeared in practice - as a result of the insufficient definition of the term “public officer”, of the constitutive elements of those infringements connected with corruption, as well as the necessity of harmonizing the Romanian legislation with the provisions stipulated by international documents, justify the necessity of taking into account the amendments that should be worked in the New Criminal Clasificare Code, in as far as this aspect is concerned. With a view to assure a good evolution of the public activities, as well as for to prevent or fight against those acts that cause damage to such activities - and especially to the reliability granted by the society to such public activities - it is necessary that the attributes of a public function should be well known and understood. To really know which are the responsibilities of public function means to really know what persons are able to practice such public functions. In the amendment suggested by the new Criminal Clasificare Code, the term “public officer” will be attributed to that person - who permanently or temporarily, with or without pay - a) practices attributions specific to the legislative, executive or judicial power; b) exercises - alone or together with other persons - attributes connected with the accomplishment of the targets drafted by a self-governing management, by another economic agent or by a juridical person using the state capital entirely or in majority and declaring it to be of public usefulness. The New Criminal Clasificare Code assimilates - as being among public officers - the natural persons who exercise a job of public interest, a job requiring a special empowerment from the part of the public authorities or, which is submitted to their control and supervision (notaries, judicial executors, etc.).