Malfaisance

Malfaisance is a French legal and administrative term that refers to wrongful conduct by a public official or an act that creates a legal liability. The word derives from the Latin *male* (“badly”) and *facere* (“to do”), reflecting the concept of illegal or negligent action performed in an official capacity. In English, the closest counterpart is “malfeasance,” although malfaisance is specifically used in French law and is distinct from concepts such as misfeasance (improper but not unlawful action) and nonfeasance (failure to act).

In France, malfaisance can be committed in several contexts: a civil servant may abuse their authority in a way that harms public interest, or a private individual’s wrongdoing may lead to a civil liability if it violates public official duties. The legal framework that addresses malfaisance is primarily the Code général des collectivités territoriales for local authorities, the Code pénal for criminal offenses, and specific statutes dealing with administrative injustices. Courts examine whether the act was in breach of professional duties, whether it caused damage to the public, and whether the official acted with knowledge of the illegality.

Typical examples include a mayor who embezzles municipal funds, a police officer who uses excessive force without legal justification, or a utility company that cooperates in environmental damage. Unlike criminal misfeasance, which requires a statutory violation, malfaisance often covers civil responsibility for private persons who harm public interests while acting in an official capacity. Civil remedies can include compensation orders and administrative sanctions.

The term is not normally used in English legal contexts, but it is important in French administrative law and is frequently cited in academic discussions of public accountability and governance.