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Revista CES Derecho
On-line version ISSN 2145-7719
Abstract
ACOSTA, Miguel León. Liability of public servants in Spain. rev.ces derecho [online]. 2019, vol.10, n.2, pp.605-640. ISSN 2145-7719. https://doi.org/10.21615/cesder.10.2.4.
The different types of liabilities of public servants are often the subject of legal studies. Despite the fact that these types of liability are founded by the common need to ensure the proper functioning of public authorities, they are rarely studied together. This research work proposes a joint exam to criminal and disciplinary liabilities of public employees, with particular regard to the substantive principles of the ius puniendi, and the nuances they experience given the special condition of civil servants. The study is completed with an analysis of the civil liability of public employees, allowing us to compare the degree of protection awarded to public servants in both criminal and civil liability scenarios.
Keywords : Public Servant; Criminal Liability; Disciplinary Liability; Civil Liability; Proper Functioning of the Public Administration.