Flyblue is correct in her statement that crew of any kind don't count, but ALL pax do. That is the certification requirement.
Just a point of clarification...
The certification requirement only takes into consideration the occupants of the seats, not any infants held in passenger laps. This is why, as I indicated above, a number of simulated lap children are carried by passenger participants and are in addition to the number of passenger seats for which the manufacturer is seeking certification. Basically, the total number of passengers indicated on the aircraft type certificate is not the absolute number of souls on board as lap children are not considered during the certification process:
CS-25
Appendix J
The following test criteria and procedures must be used for showing compliance with CS 25.803:
(h) A representative passenger load of persons in normal health must be used as follows:
(1) At least 40% of the passenger load must be females.
(2) At least 35% of the passenger load must be over 50 years of age.
(3) At least 15% of the passenger load must be female and over 50 years of age.
(4) Three life-size dolls, not included as part of the total passenger load, must be carried by passengers to simulate live infants 2 years old or younger.
(5) Crew members, mechanics, and training personnel who maintain or operate the aeroplane in the normal course of their duties, may not be used as passengers.
Certification Specifications for Large Aeroplanes CS-25
These design rules and requirements are harmonized on an international basis and reflect FAR 25, CAR 525, the former JAR-25, etc., for the various CAA's.