Features of the criminal offence from 231 article of the Polish Penal Code have been defined by legislator not tightly in general. The legislator did it on purpose of establishing the legal regulation concerning every actions of public officials relying on abusing of powers or negligence of duties. These actions have to result in a harm for public or private interest. Assigning responsibility to the public officer for negligence in the first place requires precise establishing of the officers duties and evaluation if his behaviour has broken one of these legally described duties. The clause of subsidiarity from article 231§ 4 of the above mentioned Penal Code states, that if the perpetrators` behaviour is based on abusing or neglecting his powers in order to achieve financial or personal benefit and additionally on causing harm to the public or private interest, this behavior fulfills features of the crime of venality from 228 article of the Penal Code.