Crimes Against Public Administration: A Practical Legal Guide

Crimes against the Public Administration (Arts. 404 et seq. CP) protect the proper functioning of the State and the impartiality of its servants. When an official or authority crosses the line of legality, they face not only prison sentences but also the "civil death" that disqualification represents. As criminal lawyers experienced in offences against the public administration, we know it is vital to distinguish administrative error from criminal intent.

Malfeasance: an Unjust or Unlawful Decision?

This is the flagship offence (Art. 404 CP). It consists of issuing an arbitrary decision in an administrative matter while "knowingly" aware of its injustice. The key to the defence is to attack the subjective element: to show that there was no arbitrariness, but rather a mistaken or debatable legal interpretation, which must be resolved by the administrative courts, not the criminal ones.

Bribery and Corruption

Bribery punishes both the official who receives (passive bribery) and the private individual who pays (active bribery). It need not be cash; gifts, trips or favours also count. The defence often focuses on the nullity of the evidence (hidden recordings, searches without safeguards).

Consequences for the Career

Beyond imprisonment, the main penalty is disqualification. A final conviction means the loss of civil-servant status and the impossibility of working in the public sector again, often for life.