Abuse vs. Misuse of Power

Criminal law is the harshest instrument in the legal system. Its use should be limited only to crimes that have a conscious and systematic intent to harm. In enforcing corruption crimes, caution should be even higher. Every element must be fully met: the act, the intent, and the consequences. Unfortunately, in many cases we observe, public officials are not punished for robbing the state, but for making decisions that turn out to have economic consequences. This is dangerous. First, because it opens up space for the criminalization of bureaucratic decisions. Second, because it creates the wrong deterrent effect. In classical administrative law, two important concepts are known: abuse of power and misuse of power. Both can result in state losses, but have very different meanings and legal consequences. Abuse of power is the conscious abuse of power with malicious intent. The official knows he is deviating and indeed aims to deviate. Meanwhile, misuse of power is an error in the use of authority or a procedural deviation that is not accompanied by malicious intent. Simply put, only abuse deserves to be processed criminally. Misuse, on the other hand, is the domain of administrative guidance. When these two things are not distinguished, public officials who act in good faith but make procedural errors can be considered corrupt. This is clearly unfair and creates a dangerous disincentive in the state's decision-making ecosystem.

A Law That Can Differentiate

Criminal law should be the last resort. Administrative violations should be addressed through bureaucratic correction and accountability mechanisms, not directly brought to the Corruption Court. Dragging every mistake into the criminal realm will not build a clean government. On the contrary, we create a paranoid state, a stagnant bureaucracy, and a law that loses its morality. We do not tolerate corruption, but we also must not allow the law to lose its mind. The rule of law is not only marked by the spirit to punish, but also by the ability to distinguish. Not all mistakes are crimes. Not all state losses are born from deviant intentions. Criminal law must be ultimum remedium, not the first instrument in assessing every policy violation. For that, a strict separation between abuse and misuse of power needs to be re-emphasized, both in law enforcement practices and in public awareness. We need a system that is firm against corruption, but fair to officials who make decisions in good faith. Without that, the law will lose its spirit, and the bureaucracy will lose its courage.