10. Abuse of Authority end Breach of Duties Pertaining to a Public Officer

Unlike article 179 of the Italian Code of 1889, which referred to any “agente della forza pubblica” refusing or delaying compliance with a request lawfully made to him by the competent authority, our Section 129 speaks of any public officer or servant who has the civil police under his orders. In view of this, it seems that the offence in question cannot be committed by the rank and file, but only by the officers in charge of the Force or a section of it. And indeed, it is to these and not to mere constables that the Judicial and other competent authorities address their requirements for the services of members of the Police Force.

The formal element of this crime consists in the consciousness on the part of the offender of violating the duties of his office.

The other crime, involving the refusal of a service lawfully due, can be committed by any juror, witness or referee who, with the object of not affording assistance to the competent authority lawfully requiring such assistance, or of explaining his nonappearance before such authority, alleges an excuse which is shorn to be false.

What the law is here creating as a criminal offence is not the mere failure of appearance or the refusal to give evidence or to be sworn, etc. of the person duly required or sub-paeaned to serve as a juror or a witness or referee. Such nonappearance or refusal is adequately provided for by the penalties for contempt of court, warrant of escort, and condemnation in costs of adjournment contemplated in the laws of procedure. (Vide, for instance, Sections 574, 658 and 659, Code of Organization and Civil Procedure; and Sections 455 (4) and (5), 519 (l) and 605, Criminal Code). Instead, Section 129 Criminal Code subjects to criminal sanction the act of a juror, witness or referee who alleges a false excuse for obtaining exemption from the service; required of him or for accounting for his non-appearance before the requisitioning authority.

It is to be noted that, in regard to witnesses and experts, Section 129 of our Criminal Code applies not only when their presence is required before the judicial authorities, but also before any other competent authority as for instance the Legislative Assembly under Chapter 179, or a Commission of Enquiry under Act No. IV of 1948.

10. Abuse of Authority end Breach of Duties Pertaining to a Public Officer