Autor: Raul Alexandru NESTOR
Publicat în: 2021, JURIDICE.ro
Disponibil online: aici.
Abstract: Although the legislator has chosen to assimilate a certain category of employees of the railway operator with civil servants exercising public authority, such a regulation dating from 1998 can be criticized. Even if some form of increased protection of certain employees of the railway operator is needed, criminal law should be geared towards special regulations that respect the social value harmed by the criminal action.
However, although extremely serious and frequent, the acts of aggression committed against the employees of the railway operator cannot be considered as harming the public authority. The railway transport service, although extremely important, representing even a strategic sector of activity, does not imply the exercise of the prerogatives specific to the public authority. The extension of regulated protection by criminalizing outrage to other categories of employees than civil servants exercising public authority, may present aspects of unconstitutionality and may fuel at any time a tendency on the part of other employees working in risk areas to be considered civil servants by assimilation.
