This article is about criminal research of the criminal offences committed by public servants and examination of their legal status in accordance with the criminal legislation of Romania. Especially, the author tries to make clear some disputable questions such as the definition of „public servant” and establishing of the basic characteristic features of the subject of the criminal offence in accordance with the penal doctrine and criminal legislation of Romania. Several conclusions are formulated, some recommendations are proposed. A generalization of theoretical points of view is made; also some cases from judicial practice are analyzed. Several conclusions are formulated, some recommendations are proposed.