We explain what is the prevaricate, what are the causes for which this crime can be committed and some examples of prevarication.
What is prevaricate?
There are different types of crimes that state representatives can commit , one of them is the prevaricate, which is based on issuing unfair sentences.
In general, the state authorities in charge of the common welfare or persons working in the judiciary are trained and trained in pursuit of it, and must be aware of the responsibility involved in their task, in order to improve or educate to society and those who break the law . But not only civilians commit crimes, the authorities, such as judges or public servants, also commit them.
In this case, this type of crime is called prevarication or prevarication and occurs when they issue an arbitrary resolution, that is, it responds to their whim or will and does not obey the principles dictated by reason. These judicial and administrative resolutions happen knowing by public servants that it is an unfair opinion.
Although we speak of a crime comparable to the breach of the duties of public officials, it is a special breach , since some particular characteristics of the author are required to be a fact with the possibility of punishment, that is to say the illegal act specified in the Penal Code can be jail or release.
The reality is that each judge must apply the right that corresponds to each specific case. In other words, the jurisdiction or the law itself must be at stake. If this judge departs from his or her own will, he is committing a crime of criminal law called prevarication.
In simple words, when an official of the national State lacks the duty to obtain his own benefit or simply because of ignorance of the rules . However, there is no possible excuse for a judge not to know the rules that are put into play in his work. The ethical conduct must be above reproach for those working in justice, as well as objectivity, independence in decisions and responsibility.
Some examples of prevarication
There are different areas in which this crime can be accomplished. Some examples of specific cases: when provisions contrary to the law are issued, creating false facts and resolutions , lacking the truth with impudence. It also occurs in criminal cases or when the sentence is passed, granting freedom to those involved who broke the law.
Not only when we talk about standards is broken, if funds are received from the population for state administration and those who must distribute it for health and education , for example, spend the money to obtain their own benefits or to hire personnel that only serve Your department will also be violating the legislation .
This type of violation, judicial prevarication, extends to different countries . However, in some it occurs more frequently than in others. Generally, in Latin America it is observed in high percentages. But this is due to several factors, since not in all countries the crime includes the same limits. In Mexico, for example, it is not specified in detail in the Criminal Code for the Federal District, although this is not omitted. This means that throughout the articles it is implicit in the very ethics of the code that commits the prevaricate is a crime against the people, if it is in public service.