Criminal Misconduct in a Public Office

Abstract

Public officials are subject to a wider range of duties than private employees. In both cases, certain acts, such as stealing from their employer, will be criminal. But much misconduct by employees of private organisations does not give rise to criminal sanction. Failure to carry out duties, or deriving a private benefit by reason of employment, would be, in a general sense, misconduct. There may be private law remedies, for example for breach of fiduciary duties or the duty of fidelity. Additionally the employee can be disciplined and dismissed, subject to the requirements of labour law. Third parties affected by the misconduct may have civil remedies against the employee and his employer.

Citation

Harwood, R. (1996), "Criminal Misconduct in a Public Office", Journal of Financial Crime, Vol. 4 No. 2, pp. 172-173. https://doi.org/10.1108/eb025771