Interpretazione dottrinale ed interpretazione giurisprudenziale dell’abuso d’ufficio: le due culture

Abstract

Art. 323 c.p. is crossed by two different levels: on the one hand the need to have in the system a disposition capable of criminalizing the exploitation of the functional powers of the public, which operates beyond the typical corruption hypotheses; and on the other the need to limit the power of the Public Prosecutor on administrative activity. From here a complex and articulated series of legislative interventions has developed over the years aimed at typifying the provision in ever more stringent terms, in the face of the symmetrical jurisprudential pronouncements which have determined the constant overcoming of the relative exegetical limits. A so-called attitude has taken root in public administrators known as "fear of the signature", with consequent serious slowdown of the administrative machinery: a very alarming phenomenon, which has seriously limited the development and operational prospects of the bureaucratic-administrative apparatus, with indisputable serious economic and social damage. To solve the problem, a solution must first be found to the problem of reconstruction and remodulation of the internal controls and internal regulations of the public administration, looking at crimes against the public administration, both in the form of crimes committed by public officials against public and private administration, in an overall perspective, with an overall criminological vision and, above all, with a common and transversal perspective and approach in terms of legislative technique.