The crime of abuse of office occurs when public officials use their authority for their personal interests, providing unjust benefits to third parties or causing damage to the public. This crime occurs as a result of behavior that is against the public and the law and damages public trust.
Elements of the Crime:
Perpetrator: The perpetrator of this crime is a public official. A public official is a person who has been authorized by law or a special law.
Act: Acting contrary to the requirements of duty. This means that the duty is contrary to the law, regulations, circulars and official regulations such as orders.
Victim: The victim can be third parties or the public.
Unlawfulness: The act must be against the law.
Intention: The intent of the perpetrator can be direct or conscious negligence.
Forms of the Crime:
Form of Execution: Occurs when a public official directly performs an action using his authority.
Form of Negligence: Occurs when a public official fails to perform or delays his duty.
Penalty:
The basic penalty for the crime of abuse of office is imprisonment of six months to two years. If the crime is committed negligently, the penalty is reduced to imprisonment of three months to one year.
Examples of Actions:
A public official accepting a bribe
A public official using his authority to rig a tender
A public official passing on information related to his duty to third parties
A public official failing or delaying to fulfill the requirements of his duty
