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- Title
The Effects of the Criminal Conviction on the Career of the Public Servant.
- Authors
BARBU, Denisa
- Abstract
Public service involves the vesting of the persons who exercise it with the execution of public power, and such vesting cannot be conceived outside of the trust in the persons who receive this vesting. Public officials reflect the image of the state, and any conduct that doesn't comply with legal norms is all the more serious if the violated norms are of a criminal nature. Although the crimes that lead to the exclusion of officials from the body of the state apparatus are mainly those that, in one form or another, are related to the activity of those officials, at the level of public opinion, any conviction for any crime is likely to tarnish the image not only of the convicted official, but also of the institution of which he is a part and, ultima ratio, of the state. The administrative Code, adopted in 2019, establishes the consequences that criminal convictions have on the career of civil servants, depending on the type of position held and the type of crime committed. These effects are, or should be, a way in which society is assured that public trust is not placed in unworthy officials. This paper aims to analyze the effects of criminal convictions on the careers of civil servants from the perspective of the need to restore society's trust in public office, as well as the fact that persons exercising state authority are not above the law. As legal sociology studies indicate, Romanian society is marked by punitiveness when it comes to public behavior, there is a clear tendency at the social level towards the firm sanctioning of any deviations not only from the norms of the criminal law, but also for acts of a lower gravity, such as contraventional ones or those that just morally or ethically are not in accordance with the image that society has on the manner in which public officials should behave. In order to determine the ways of applied legal intervention to combat social mistrust in the probity of public officials, it is necessary to understand the set of effects that convictions suffered by public servants have on their careers and the reason why the law establishes these effects.
- Subjects
CIVIL service; RECIDIVISTS; LEGAL norms; PUBLIC opinion; STATE power; CRIMINAL convictions; TRIAL practice; PUBLIC officers
- Publication
Public Law Review / Revista de Drept Public, 2022, p46
- ISSN
1224-4872
- Publication type
Article