The Presumed Element in Corruption Offenses

Abstract

Criminal law has expanded the concept of the public official beyond the scope defined in administrative law, owing to the distinct nature and objectives of each branch of law. Administrative law is regulatory in character, aiming to organize the relationship between the individual and the government, whereas criminal law is punitive, with the primary goal of protecting rights and curbing crime.
While administrative law focuses on the legal status of the public employee, establishing it on a regulatory legal basis to delineate the rights and obligations of such employees, criminal law places greater emphasis on the relationship between the public official and the state as the expression of its will.
Consequently, the objective of anti-corruption legislation in adopting an expansive approach is to encompass categories not deemed public officials under administrative law. This expansion seeks to capture all individuals who enjoy the status of public official or its equivalent, operating within a broad domain to encompass all forms of corruption and hold accountable any official who manipulates their position for financial gain and betrays the presumed trust vested in them.