Abstract

This article is dedicated to the thorough analysis of the subject of the offences referred to at art.329 PC RM. On the basis of the performed analysis, it is emphasized that: the person involved in cooperating with any defense authorities may be the subject of the offences under art.329 PC RM, where it is established that the person in question is a public figure, but is not acting as a chief executive officer or has any other position of responsibility. It is argued that the special administrator (within the meaning of the Law No. 550 from 21.07.1995 with regard to financial institutions) can be considered a person appointed by the state to perform activities of public interest within the meaning of par. (2) art.123 PC RM. It is also established that, if post factum is determined that the offender has not acted as a subject within a legal work relation, then he cannot be charged with the offences set out under art.329 PC RM. Furthermore, it is established that the person in a position of responsibility and the person in a public dignity function may be subjects of the offences provided by art.329 PC RM. It is concluded that the foreign public figure and the international functionary cannot be considered as subjects of the offences referred to at art.329 PC RM.

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