Autor: Stanislav COPEȚCHI, Roman TALMACI
Publicat în: Revista Română de Executare Silită nr. 2/2019
Revistă disponibilă: aici
Titlul lucrării în engleză: Some aspects regarding the bailiffs’ criminal liability
Abstract: The present study points out some aspects in the matter of the criminal liability of the bailiff. They are exemplified the norms of the Special Part of the Criminal Code under whose incidence can be qualified the unlawful conduct of the bailiff manifested in the performance of his duties. It shown that since July 23, 2010 the bailiff no longer has the status of civil servant, but a person invested by the state to perform activities of public interest. It is argued that the modification of the bailiff’s statute from a civil servant in a person invested by the state to perform activities of public interest had no impact on qualification of the criminal offenses committed by the bailiff in connection with this quality in the public sphere. It was highlighted that excess of power or excess of official authority (art. 328 PC RM) is the crime most often imputable to bailiffs, probably due to their functional status.
Keywords: criminal liability; bailiff; public person; an official; freelancer; excess of power; offences related to corruption.