Crime of office abuse: the administrative discretion is decriminalized.

The incidental review entrusted to the criminal judge on the administrative act and on the exercise of the discretion by public official action or public service appointee, even in presence of a case sufficiently typified by Article 323 of Italian Criminal Code in the formulation already amended by Article 1 of Law no. 234 of 16 July 1997, has produced “substitute” interpretations of the criminal precept which have extended its scope of application beyond measure. In the context of the so-called “Decreto Semplificazioni”, which in many respects simplifies the public administration’s action in terms of speed and greater efficiency, while also affecting the assumptions of accounting liability, a new definition of the crime of abuse of office is given. Contribution by Ida Blasi of Tonucci & Partners on “Guida al Diritto”.


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