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The abuse of office and the opposition to official acts are crimes that occur against Public Administration by Officers or public employment officers.
The abuse of office, regulated by art. 323 of the Criminal Code, occurs when an Officer or a Public Employment Officer, using the rank he / she holds, knowingly causes, for himself or for others, an unjust equity gain, or provokes an unjust damage to others.
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The abuse also consists in the infringement of legislative regulations, or in the transgression of the duty to abstain on the part of those interested in this situation or on the part of a relative.
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However, for the existence of such an offense it is useful that there be the following elements: 1. the will to provoke for themselves or for others an unfair patrimonial profit or to give to others an unjust damage; 2. the transgression of a specific legislation, or the transgression of the duty to abstain on the part of those interested in this situation or on the part of a relative; 3. transgression or omission as a cause of unjust profit or damage.
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The opposition to official acts, regulated by art. 328 of the Criminal Code, happens while at the moment when an officer or a public employment officer, voluntarily refuse to carry out an action that, for reasons of justice, public security or health, must be implemented rapidly; it happens, also, when an Officer or a public employment officer does not implement a provision that is required, within 30 days, or does not explain the reasons for his delay.
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Therefore, even if in both cases of crimes that can only be performed by an officer or by a public employment officer (so-called own crimes), the same ones differ in how much with the abuse of office the guilty one makes use of its qualities and he commits an act generating, for himself or for others, an unfair patrimonial profit or a damage, with the opposition to official acts the guilty one renounces to commit an imposed act.
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The procedure and the criminal trial differ mainly in the different judicial phases that affect the criminal sector.
The term "criminal procedure" is used to specify in a generic way the topic being analyzed and also to specify the initial stage of the preventive investigations.
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The "criminal trial", while it begins when the PM takes the criminal action, ie the suspect becomes accused, and for this reason is recorded in the file of pending charges.