Cite

[1] O. Loghin, T. Toader, Criminal Law. The Special Part, revised and enlarged edition, Bucharest, „Șansa“ S.R.L. Media and Publishing House, 1996, page 607.Search in Google Scholar

[2] Law no. 188/1999 on Public Service Regulations, with the subsequent amendments and supplements.Search in Google Scholar

[3] With reference to the Order of the Minister of National Defence no. M.64/2013 for the approval of the Regulation of military discipline (published in the Romanian Official Gazette, Part I, no. 399 dated 3rd of July 2013).Search in Google Scholar

[4] O. Login, T. Toader, cited work, page 607.Search in Google Scholar

[5] Under art. 4 letter b) of Law no. 80/1995 on the status of the military personnel in reserve, when they do not occupy military positions, but they meet the conditions provided by law in order to be called for military service as concentrated or mobilized reservists, and, when needed, as active military personnel.Search in Google Scholar

[6] Under art. 4 letter c) of Law no. 80/1995, the military personnel is in retreat, when, according to the law, they can no longer be called for military service.Search in Google Scholar

[7] O. Loghin, T. Toader, cited work, page 613. Likewise, V. Dobrinoiu, M.A. Hotca, M. Gorunescu, M. Dobrinoiu, I. Pascu, I. Chiș, C. Păun, N. Neagu, M. C. Sinescu, Comments on the New Criminal Code. The Special Part, 2nd edition, Bucharest, Universul Juridic Publishing House, 2014, page 1040.Search in Google Scholar

[8] O. Login, T. Toader, cited work, page 610. Otherwise, V. Dobrinoiu et al, cited work, page 1035.Search in Google Scholar

[9] V. Dongoroz, Criminal Law, Reediting of the 1939 edition, Bucharest, Tempus Society & The Romanian Association of Criminal Sciences Publishing House, 2000, page 167.10.4324/9781482270495-10Search in Google Scholar

[10] In addition, refering to the provisions of art. 175 of the Criminal Code, the public officer is defined as the person who, permanently or temporarily, with or without remuneration, is either carrying out duties and responsibilities established by law in order to achieve the prerogatives of the legislative, executive or judicial power, or exercising a public dignity position or a public position of any kind, exercising alone or jointly with other people, in an autonomous administration, or another economic operator or a legal entity whose capital is wholly or in majority owned by the State, tasks related to achieving the object of its activity. On the other hand, there is considered a public officer for the purposes of criminal law, a person exercising a public service which was granted by the public authorities or is subject to their control or supervision regarding the achievement of the public service in question. Also refer to Gh. Ivan, M.-C. Ivan, Criminal Law. The Special Part according to the new Criminal Code, 2nd edition, Bucharest, C.H. Beck Publishing House, 2015, pages 320-330.Search in Google Scholar

[11] With reference to the classification of the offenses by the number of people who can commit them, in collective and singular offenses (V. Dongoroz, cited work, page 167).Search in Google Scholar

[12] With reference to M.A. Hotca (coord.), M. Gorunescu, N. Neagu, R.-F. Geamănu, M. Dobrinoiu, M. C. Sinescu, R. Slăvoiu, L.-D. Al-Kawadri, C. Nedelcu, A. Hărătău, The New Criminal Code. Notes, Correlations, Explanations, Bucharest, C. H. Beck Publishing House, 2014, page 714.Search in Google Scholar

[13] M.A. Hotca (coord.) et al, cited work, pages 714-715.Search in Google Scholar

[14] V. Dobrinoiu et al, cited work, page 1041.Search in Google Scholar

[15] O. Loghin, T. Toader, cited work, page 610.Search in Google Scholar

[16] V. Dongoroz, cited work, page 250.Search in Google Scholar

[17] See for explanation M.-C. Ivan, Commissive Offenses and Omissive Offenses, in European legal studies and research, Timișoara, Romania, Universul Juridic Publishing House, 2015, page 310.Search in Google Scholar

[18] O. Loghin, T. Toader, cited work, page 610.Search in Google Scholar

[19] V. Dobrinoiu et al, cited work, page 1041.Search in Google Scholar

[20] I. Oancea, Criminal Law. The general part, Bucharest, Didactic and Pedagogical Publishing House, 1971, page 219.Search in Google Scholar

[21] V. Dongoroz, cited work, page 251.Search in Google Scholar

[22] C. Mitrache, Cr. Mitrache, Romanian Criminal Law. The general part, Bucharest, Universul Juridic Publishing House, 2014, pages 301-302.Search in Google Scholar

[23] V. Dongoroz, cited work, page 251.Search in Google Scholar

[24] V. Dobrinoiu et al, cited work, page 1043.Search in Google Scholar

[25] Ibidem.Search in Google Scholar

[26] Ibidem, page 1044.Search in Google Scholar