Repeal of abuse of office – Constitutional Court no. 90/2025

With judgment no. 95 of July 3, 2025 (Pres. Barbera, Rel. Viganò), the Constitutional Court ruled on the fourteen referral orders relating to the constitutional legitimacy of the repeal of art. 323 c.p. (abuse of office), introduced by law no. 114/2024.

THE REGULATORY FRAMEWORK AND THE QUESTION OF LEGITIMACY

Art. 323 c.p., which criminalized the conduct of abuse of office by public officials and persons in charge of public service, has been definitively repealed. The question submitted to the Court concerned the compatibility of the legislator's choice with international obligations (Merida Convention – UNCAC) and with the constitutional principles of equality (art. 3 Cost.) and of good performance and impartiality of the Public Administration (art. 97 Cost.).

THE DECISION OF THE CONSTITUTIONAL COURT

The Constitutional Court declared the questions inadmissible or unfounded, emphasizing that it is not for the constitutional judge to scrutinize "the overall effectiveness of the system for preventing and combating abusive conduct by public agents," as these are criminal policy choices reserved for the legislator.

In particular:

• There is no obligation, deriving from the Merida Convention, to introduce or maintain the crime of abuse of office in the legal system.
• It is not possible to challenge the reasonableness of the legislative choice under art. 3 or art. 97 Cost., as this would entail an "in malam partem" effect, expanding punishability.

PRACTICAL IMPLICATIONS: REVOCATION OF CONVICTION AND PROTECTION OF RIGHTS

The most significant effect of the repeal concerns the possibility of requesting the revocation of the conviction for abuse of office, even if definitive.

All those who have been irrevocably convicted of abuse of office (art. 323 c.p.) can now submit a request for revocation pursuant to art. 673 c.p.p., with the elimination of the criminal and accessory effects of the conviction, including registration in the judicial record.

This is a fundamental step for public officials, local administrators, managers, and professionals involved in proceedings for crimes against the Public Administration, who can thus obtain full legal and professional rehabilitation.

CONCLUSIONS

Judgment no. 95/2025 of the Constitutional Court confirms the legitimacy of the abolition of the crime of abuse of office and, on a practical level, opens up decisive scenarios for those who intend to obtain the revocation of a definitive conviction for abuse of office.