Breach of legal duty (crime of)
Abstract
Both references to the etymological and grammatical meanings of the term “Breach of legal duty” precede within this work to the analysis of the sort of penalties foreseen at the articles 404 and 446 of the Penal Code, which present, respectively, the crimes of breach of legal duty by a government employee or a judge. Firstly, the author examines the juridical goods which should be considered as protected and which are identified with the correct exercise of legal authority, in the first case, and with the jurisdictional function in the second case. This is completed by the identification of the active agent and the normal conduct of both crimes and of the similar criminal figures from which they should be distinguished.
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