NCJ Number
73957
Journal
Revue de science criminelle et de droit penal compare Issue: 3 Dated: (July September 1980) Pages: 793-819
Date Published
1980
Length
27 pages
Annotation
The concept of abuse of power is defined and various types of abuse of power are described.
Abstract
Abusive practices are determined according to the criminal law in force. Abuses may be categorized as poltical, economic and social. The kind of regime (e.g., capitalist or socialist) and the economic structure of the state influence the nature of power structures and thus of abuse. Scientific and technological progress have contributed considerably to the complexity of social relationships and to the possibilities for power abuse. At the same time, the rules and sanctions governing abuses of increasing sophistication remain underdeveloped and ineffective. Abuse of power may take place on either a national or an international level. Abuse of international public power may take the form of invasion of foreign states or embassies, murder or kidnapping in foreign countries, interference in the internal affairs of other states, misuse of natural, cultural, or technical resources, and exportation of dangerous substances or activities. Abuses of national public power encompass involvement in subversive activities, corruption in public sales to foreign countries, use of bank savings for speculative undertakings, misuse of the power of office, misapplication of judicial power, and misdirection of legislative power. The most important factors in classifying types of abuse are the kind of offense, the kind of person responsible for the offense, and the kind of business involved. Abuse of power offenses are less common in countries with advanced economic and cultural development than in less developed countries, and public reaction is most pronounced in the former. Abuses of power are difficult to uncover and prosecute because of the positions of the offenders and their elaborate attempts at subterfuge to disguise their offenses. Means of preventing abuse of power include reevaluation and revision of rules of conduct, imposition of strict penalties without probation or parole for offenders convicted of abuse of power, and introduction of organizational procedures and codes of ethics to encourage responsible behavior.