Review of the specific offence of Misconduct in Public Office in environmental matters under article 329 of the Spanish Criminal Code, in light of Directive (EU) 2024/1203
Abstract
Directive 2024/1203 of 11 April has brought back to the fore that corruption by public officials in the environmental sphere warrants a criminal-law response and, through this paper, enables a general analysis of the specific offence of Misconduct in public office in the environmental sector under Article 329 of the Criminal Code. The study examines its similarities and differences with ordinary similar crime under Article 404 of the Criminal Code, and frames it as an offence protecting multiple legal interests, in which the protection of the Public Administration and its proper functioning coexists with the protection owed to the environment against its most serious assaults—here, those stemming from the conduct of public officials who put the well-being of our surroundings at risk.
Received: 23.09.2025
Accepted: 16.12.2025
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Last update: 08/02/2022
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