<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity. type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the private persons who in terms of activities were likely to acquire the status of active subject of the crime of bribery, then he returned and placed him among the category of employees assimilated to civil servants. This much stronger link between the activity of this official, the purpose of his duties and the subordination of his own activity to a public authority, was the new argument underlying the current criminal regulations, which recognizes the quality of active subject of the offense of bribing the bank clerk.</p>
</abstract>

The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity. type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the private persons who in terms of activities were likely to acquire the status of active subject of the crime of bribery, then he returned and placed him among the category of employees assimilated to civil servants. This much stronger link between the activity of this official, the purpose of his duties and the subordination of his own activity to a public authority, was the new argument underlying the current criminal regulations, which recognizes the quality of active subject of the offense of bribing the bank clerk.

Theoretical and Practical Analysis on the Quality of Active Subject of the Corruption Offenses of the Bank Clerk in the Sense of His Assimilation to the Civil Servant

Journal of Legal Studies

This work is licensed under the Creative Commons Attribution 4.0 International License.

The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he...

Theoretical and Practical Analysis on the Quality of Active Subject of the Corruption Offenses of the Bank Clerk in the Sense of His Assimilation to the Civil Servant

Published Online: May 19, 2022

Page range: 171 - 184

Received: Mar 01, 2022

Accepted: Apr 01, 2022

DOI: https://doi.org/10.2478/jles-2022-0011

Keywords
bank clerk, corruption offenses, civil servant, public authority

© 2022 Gheorghe Moise, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Theoretical and Practical Analysis on the Quality of Active Subject of the Corruption Offenses of the Bank Clerk in the Sense of His Assimilation to the Civil Servant

Published Online: May 19, 2022

Page range: 171 - 184

Received: Mar 01, 2022

Accepted: Apr 01, 2022

DOI: https://doi.org/10.2478/jles-2022-0011

Keywordsbank clerk, corruption offenses, civil servant, public authority

© 2022 Gheorghe Moise, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Keywords
bank clerk, corruption offenses, civil servant, public authority