The aim of the research consists of the examination of the provisions of the New Criminal Code relating to the unfulfillment or the defective achievement of office duties, a comparative examination of the current provisions and building critical comments that would help improve the legislation in the matter. The paper continues further research in this area, which was published in national and international journals or conference proceedings. The concrete results of the research focuses on examining the new provisions on active and passive subjects of crime, to defining the railway accident, as comparative examination and some critical observations as well. The value of the research can be useful to practitioners in this field, theorists and to the Romanian legislator. The research consists of critical remarks and proposals for improving the content of the type offense and the completion of the aggravated variant.