Criminal Offences involving an abuse of Official Duty: Criminal liability and punishment Cover Image

СЛУЖБЕНА КРИВИЧНА ДЕЛА - одговорност и кажњивост
Criminal Offences involving an abuse of Official Duty: Criminal liability and punishment

Author(s): Dragan Jovašević
Subject(s): Criminal Law
Published by: Правни факултет Универзитета у Нишу
Keywords: official duty; officials; abuse; criminal act; criminal liability; criminal sanctions

Summary/Abstract: One of the basic postulates of the legal state and the rule of law is a lawful, qualitative, efficient, prompt and effective operation of public services. For this reason, the public officials (both domestic and foreign) and responsible persons in state authorities, organizations and local communities are required to perform their activities in a lawful and efficient manner and within the official powers they have been vested with. On the one hand, the violation or abuse of these powers may constitute a violation of or a threat to the official duty of these persons; on the other hand, the violation or abuse of these powers constitutes a violation of rights and legally protected interests of other natural persons and legal entities. Consequently, all contemporary criminal legislations recognize the system of criminal offences involving an abuse of official duty and prescribe relevant sanctions for the perpetrators of such criminal acts. As suggested by the designation “criminal offences involving an abuse of official duty” or “criminal offences committed by administrative official”, the subject matter of protection is the lawful, efficient, qualitative and prompt discharge of an official duty or public authority. These criminal offences may be committed only by a certain category of public officials (including both domestic or a foreign officials) or by a responsible person who commits such an offence in the course of discharging an official duty or performing other related activities.

  • Issue Year: LXIII/2012
  • Issue No: 63
  • Page Range: 39-61
  • Page Count: 23
  • Language: Serbian