Criminal policy in the face of gross negligence of public office duties

Abstract

Criminal policy in addressing gross negligence in public office duties seeks a cognitive-methodological framework that links criminal and administrative concepts with corporate governance, aiming to reduce gross negligence and financial waste and improve the quality of services. The research addresses the structure of the conceptual framework and the relationship of negligence to criminal and administrative accountability. It explores prevention and evaluation mechanisms while assessing the impact of implementing measures on public spending and public trust. It also aims to formulate actionable principles and recommendations to enhance transparency, accountability, protect rights, and ensure fair procedures.

The legal and institutional framework must reflect the principles of transparency, accountability, and impartiality. Disciplinary sanctions should be graduated and proportionate to the severity of the negligence and its impact on vital facilities and services provided to the public. This approach should account for the individual circumstances of the employee, while incorporating effective rehabilitation and corrective mechanisms that minimize the likelihood of recurrence—transforming deterrence from a mere punitive measure into a learning experience that enhances professional performance. The effectiveness of a criminal policy in mitigating gross negligence rests on three main pillars: prevention, response, and continuous evaluation. Prevention entails establishing clear performance standards, early warning systems, whistleblower protection mechanisms, and an organizational culture that fosters quality and transparency—supported by continuous improvement methodologies such as the PDCA (Plan-Do-Check-Act) cycle. Response involves the capacity to restore trust following an instance of negligence through immediate corrective actions, the clear assignment of responsibilities, the implementation of training and rehabilitation programs for administrators and officials, and the activation of effective communication channels with the public to ensure that societal grievances are addressed efficiently and transparently.