(1) Whosoever in his capacity as a public official charged with participation in criminal proceedings or proceedings with the aim of imposing a custodial measure of rehabilitation and incapacitation or detention imposed by a public authority, by abusing the dependency caused by the proceedings, engages in sexual activity with the person against whom the proceedings are directed or allows them to engage in sexual activity with himself shall be liable to imprisonment from three months to five years.

(2) The attempt shall be punishable.