According to the Criminal Code of the Republic of Moldova, the following persons may commit the crime of torture, inhuman or degrading treatment: (i) public person; (ii) the person who, de facto, exercises the powers of a public authority; (iii) any other person acting in an official capacity; (iv) any other person acting with the express or tacit consent of a person acting in an official capacity. These special qualities are alternative. Under this aspect, in judicial practice, the question arose as to whether teachers can be included in any category as subjects of the crime in question. Judicial practice does not provide a clear answer. Ill-treatments in schools/educational institutions are a pressing problem (and not only in the Republic of Moldova) and which calls for prompt and fair intervention by the state. In this sense, we have proposed solutions suitable for consideration by the courts and by the Parliament taking into consideration the practice of other states and international standards.