The notion of state employee and person in charge of a public service in criminal offenses against state activity according to Albanian and Italian criminal legislation

Abstract This manuscript analyzes the notion of active subjects, public official and the person charged with public service, in criminal offenses against state activity, according to the Albanian penal code and the Italian penal code. Criminal offenses against state activity play an important role in protecting the good functioning of state activity from abuses that may come from active entities during the exercise of functional state duties. The study emphasizes the importance of determining the active subject as an essential element to determine criminal responsibility. The comparison with the Italian penal code serves to bring differences and similarities in the way both penal systems conceive the active subject. The criteria for the identification of subjects active in criminal offenses are the subject of legal determinations, as well as of criminal courts. This paper aims to contribute to the academic and professional sphere on the importance of studying active subjects in the context of criminal law. Understanding the notion of active entities in criminal law is very important, and plays a special role in understanding which entities are criminally responsible for crimes against state activity, while exercising public functions or not.