Malfeasance in Office

Malfeasance in office, also known as misconduct in public office, is unlawful conduct by a public official that is often grounds for removal from office by statute or recall election, and in some jurisdictions is itself a crime. It is distinguished from misfeasance in office, the improper performance of an otherwise lawful official act that causes harm, and from nonfeasance in office, the failure to perform an official duty at all. In England and Wales it is a criminal offense at common law dating to the thirteenth century, carrying a maximum penalty of life imprisonment, and requires a public officer acting in that capacity to have willfully neglected their duty or engaged in misconduct amounting to an abuse of the public's trust without reasonable excuse. Because the offense has developed through relatively few reported appellate cases, no single definition commands full agreement among legal commentators, and requirements vary by jurisdiction; under the Greek Penal Code, for example, the equivalent offense is punishable by up to two years imprisonment or a fine.