In European legal systems, the use of one’s role or functions in violation of legal duties may constitute a criminal offense.
The legal interest protected is the proper functioning of public administration and the impartiality of administrative action.
In essence, such conduct may consist of:
• adopting acts in violation of laws or regulations;
• omitting acts that are required;
• using one’s role to obtain an undue advantage;
• exercising functions in order to cause harm;
• carrying out activities not consistent with official duties.
It is necessary that the individual acts within the scope of their functions or by using their position.
Public function
Those exercising a public function are required to:
• comply with the law;
• act impartially;
• act in the public interest.
When the function is used otherwise, a violation of duties occurs.
Forms of the conduct
Such conduct may take different forms:
• adopting acts not in compliance with the law;
• omitting mandatory interventions;
• using the function for purposes other than those prescribed;
• actions that favor or harm specific individuals.
What matters is the violation of duties connected to the function.
From conduct to effect
Abuse of office produces concrete effects:
• it may result in undue advantages;
• it may cause harm to individuals;
• it may affect administrative decisions or proceedings;
• it may compromise the impartiality of administrative action.
The effect depends on the act or omission.
From conduct to function
In isolation, such conduct consists in the violation of official duties.
In a broader context, it may be used to:
• direct decisions or proceedings;
• favor specific individuals;
• hinder activities or fact-finding;
• create favorable conditions for other conduct.
The act or omission may favor or harm individuals and affect decisions or proceedings.
From incident to dynamic
In a coordinated context, abuse of office may contribute to:
• supporting acts or decisions not compliant with the law;
• reinforcing other forms of conduct through the authority of the role;
• affecting the management of proceedings;
• making control or verification more difficult.
Multiple acts or omissions may relate to the same proceeding.
Connection to other offenses
Abuse of office may be linked to other criminal conduct:
• omission of official acts, when the violation consists in failing to act;
• false certification, when untruthful acts are produced;
• material falsification, when documents are altered;
• procedural fraud (where applicable), when it affects a proceeding;
• aiding and abetting, when the function is used to protect individuals;
• corruption, when the conduct is connected to an exchange;
• criminal association, when conduct is coordinated among multiple individuals.
These connections do not alter the autonomous nature of the offense.
The function as a tool
Abuse of office is an offense recognized in European legal systems as protecting the impartiality of administrative action.
It consists in using one’s role in violation of legal duties in order to favor or harm individuals.
The act or omission may influence decisions, acts, or proceedings.
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