Marghinotti, Elena (2011) Abuso d'ufficio e responsabile del procedimento. Doctoral Thesis.
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Within then context of recent administrative norms, we have been seeing changes meant to lead public activity back to respect for principles strictly related to guidelines and individuation of a subject responsible for enforcement thereof. As in penal law with general reference to crimes against public administration, and in particular to those of abuse of authority, we find references to administrative disci-pline, it is necessary to investigate the influence expounded by L. 241/90, which regulates administrative procedure. In particular, the nexus of influence between administrative norms and the pe-nal case in question pursuant to art. 323 c.p. [Penal Code] involves the reconstruction of acting subject of the crime, being as they are actual crimes, as well as the interpre-tation of the expression “violation of the law”. The greatest doubts dealt with in jurisprudence and in doctrine refer to the pos-sibility of individuating criminal behaviour also in the violation of “norms of princi-ple” (principle of constitutionality), procedural regulations, as well as measures that are defective by virtue of excessive power. In general, the relation between the legal system has on the formulation of a criminal charge in case of technically-flawed measures and of interpretation of requisites of the case in question, such as the event, its injustice and the specific causal connection linking them.
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