In the field of law , one of the most important issues is the Penal Code , a set of rules which are coherent and systematized that are responsible for regulating a certain matter. In it are several important terms , one of them prevarication , which implies issuing arbitrary decisions regardless of the consequences.
The prevarication is a type of crime considered especially since it can only become committed by an authority or by a public official who, issues an arbitrary decision despite knowing that this is an injustice .
- Types of trespass
- Requirements for prevarication to occur
- When a judge commits trespass
- Legislation by country
The prevarication is a type of crime that occurs at the time in which an official public an authority or judge , breaks all his professional duties and ethics that must have with society and with the proper functioning of the Public Administration and make a decision despite the fact that it is an injustice. It is a type of crime that must also be sanctioned by means of criminal law in order to give protection to the citizen and the administration.
Types of trespass
There are, according to the Penal Code, several types of prevarication. These are as follows:
- Administrative prevarication : this type of crime takes place at the moment in which an official or public authority dictates a totally arbitrary resolution related to an administrative matter , which means that the rights of citizens are affected.
- Illegal appointments : in this case, the crime occurs when the authority or the official, knowing in advance that his action is illegal , proposes , appoints or gives possession to another person so that he can exercise a public position despite the fact that he is person does not comply with the legal requirements to perform the function.
- Judicial misconduct : this is the best known type of crime and occurs when judges engage in a series of illicit behaviors in their proper functions . It commonly occurs when a judge passes a sentence leaving aside what has already been provided by law.
- Urban prevarication : this is a special type of crime that occurs in part administrative and occurs when public officials and officials public show negligent conduct in relation to inspections urban.
Requirements for prevarication to occur
In order for the trespass to be committed, there must be certain requirements, among which the following are mentioned:
- The person who commits the act of trespass must be an authority or an official .
- The person who carries out the crime must be exercising the position at the time of committing the prevarication.
- The unfair resolution that is made must have been issued knowing what it is, therefore, there must be fraud .
When a judge commits trespass
When the crime of prevarication is committed by a judge or a magistrate, it is known by the name of judicial prevarication and is considered one of the most heinous crimes that can be committed by a judge . The crime is based mainly on illicit behavior with respect to its functions.
Legislation by country
Here the crime focuses on the postponement by the perpetrator of the validity of the right, which at the same time violates the rule of law . In Spain , the crime of prevarication, whether of a judicial nature or committed by an official , requires judicial sentences and resolutions .
In Mexico , this crime is regulated by the Penal Code of the Federal District specifically in article 290. Prison sentences are imposed that can reach eight years in prison and a fine is also imposed.
In this country, Law 599 is responsible for describing the crime of prevarication as a conduct that a public servant does against the law or because he omits some aspect of his function. There are two types of prevaricate, one by action and the second by default .
In Chile , the Chilean Penal Code establishes in articles 223 and 232 where different types of crimes are established in the field of judicial exercise . A figure of prevarication is established when it is condemned to total disqualification from public offices and offices, political rights and professions . When the prevarication occurs through ignorance or negligence, the crime must also be punished.
In Argentina, this crime is established in the Argentine Penal Code in Chapter X, Article 269, which establishes the fine and total and permanent disqualification, as well as imprisonment in case the law so dictates. In the country, in addition to judges, lawyers can commit this crime and can be temporarily punished for up to six years.
The penalties that can be applied against the crime of judicial prevarication are mentioned below:
- Prison sentence ranging from one to four years : in this case, the penalty is given before an unjust sentence against the offender for a criminal cause of a serious or less serious crime. It can also occur because the sentence was not executed or because it is its upper half.
- Penalty of a fine of six to twelve months : in this case there is disqualification for employment or to hold positions in public office for at least six or ten years. In case it is an unjust sentence that has been made against the prisoner, then a sentence for misdemeanor is passed.
- Penalty of a fine of twelve to twenty-four months : there is a special disqualification for public office and jobs and a prison sentence that can last from ten to twenty years.
The crimes of prevarication can also prescribe after a certain time. These deadlines are as follows:
- Twenty years : it occurs when the penalty indicated is for fifteen or more years.
- Fifteen years : the maximum penalty is disqualification for more than ten years or a prison term of more than ten and less than fifteen years.
- Ten years : the maximum penalty of imprisonment or disqualification is given for more than five years but not to exceed more than ten,
- Five years : all other offenses.
- Those minor crimes or those that include insults and slander prescribe a year.
Some examples of prevaricate are mentioned below.
- A person who decides to participate in a public competition to work in a certain public institution, however, his results in the exams to access the position are not satisfactory, so the person in charge of publishing the results includes him in the job for any reason.
- When a series of provisions that go against the law are dictated and then facts and resolutions are formed that are false with what is brazenly missing the truth.
- When funds are received that come from the population and that are administered by the State, but those who are in charge of distributing this money in education or health, decide to spend it on their own benefits.