Summary

The Special Part of the Criminal Code in force sets out the elements of criminal official misconduct. It is a special type of criminal offence defined primarily on the basis of its subject – an official – rather than on the basis of the violated legal rights. The authors discuss the elements of criminal official misconduct drawing on the judicial practice. They introduce the positions recognised in the court practice on defining official, official status, official duties and official authority. Although both general and special cases of criminal official misconduct are treated, the main focus is on general misconduct including misuse of official position, negligence related to office, and abuse of authority. The authors deal in depth with the elements of misuse of official position. As issues concerning damage arising from the misuse of official position have brought about heated discussions, the authors analyse at length the positions adopted in the judicial practice on damage, its types, and the subjective aspects of causing such damage.