THE NEW LAW OF ABUSE OF AUTHORITY

BRIEF COMMENTS ON THE RECOMMENDATION N. 62 OF THE NATIONAL COUNCIL OF JUSTICE

Abstract

This article seeks to inquire whether the application of pre-trial
detentions, in disagreement with Recommendation n. 62 of the National
Council of Justice, could constitute the crime of abuse of authority,
provided for in article 9 of the mentioned diploma. Likewise, it will be
questioned whether such classification, in light of the principle of
subsidiarity of Criminal Law, appears to be reasonable. In addition, the
methodology used will consist of the use of secondary data, contained
in bibliographic sources. Finally, it was concluded that the typification
of the conduct of the magistrates, along the lines provided for in article
9 of the Law of Abuse of Authority, is not adequate to the principle of
subsidiarity of Criminal Law. Similarly, from the perspective of
typicality, the Recommendation under review does not constitute law
in the formal sense, not fitting itself to the typical figure of the crime in
question.