We explain what impunity is and some examples of this judicial term. Also, what is immunity and unimputability.
What is impunity?
Impunity is the impossibility of being punished. It is an exception to conviction or a way to escape the Justice. It is common in some countries where a clean political system is lacking and it has an impact on a corrupt and weak judicial system.
Etymologically, it comes from the Latin word unpunished. It is about the circumstance resulting from not receiving a punishment or not being judged. And when speaking of punishment, it is about a penalty or sentence that has been imposed and that the accused has to fulfill for having intervened in a criminal act.
There is talk of impunity when the accused of committing some crime in particular, he does not receive the penalty that corresponds to him for his actions. Therefore, its conduct, nor does he learn from it. It is then that the maneuver to evade punishment -or impunity- occurs for political or other reasons, and the person who is accused of transgressing the law receives no punishment or sentence.
Let us remember that the main reason why a system of punishments is designed for the guilty within the justice system and depending on each country, is not only to make the offender think about the evil that he / she caused to another / s, but also the conviction of the accused - the victim - is, in a certain way, an act of reparation for the victim.
Impunity is usually associated with very rich people and with great heritage, since they generally carry out tax evasion maneuvers to avoid, precisely, paying the taxes that correspond to their great Profits. All this driven by great ambition.
In the cases of impunity that resonate the most today, they give us a feeling of failure and voracious helplessness when we glimpse the inaction of justice, especially with those we meet through the news. Knowing that we are unprotected, without a justice system that offers us the security that crimes are judged and punished, makes these thoughts. How would you feel if a friend is murdered and his murderer goes free due to lack of evidence or corruption to the judge and the jury?
Examples of impunity
In the event that a gold seller cheats his buyers, the victims hire good lawyers and these, according to the Criminal Code that governs the laws of each country, they maintain that the perpetrator be tried and ask, presenting evidence and taking him to trial, an adequate sentence that can include up to four years, depending on each country.
The judge who takes the case will be in charge of approving the sentence, after viewing the evidence and receiving the testimonies of witnesses and others involved. But in the case of impunity, the judge, following the example given above, considers that there is insufficient evidence to convict the accused and leaves him in Liberty, declaring him innocent. The victims, represented by their lawyers, maintain that it is impunity and that, probably, the judge received money of doubtful origin, in order to obtain their freedom.
It is important to note that impunity is not always about corruption in the justice system. There are cases in which criminals do what is considered the "Perfect Crime", which leaves no clues and this influences the cases being declared unpunished.
Impunity, immunity and criminal liability
We have already described in previous paragraphs what refers to impunity, but it is necessary to differentiate two other concepts that are usually confused with it and / or used as synonyms of the word impunity, since they are also used within the legal field: immunity and unimputability.
Unimputability is what a person does as a result of lack of will, reason, etc. This concept has a psychological basis and is related to the legal field, since there are beings who act without will or awareness of the magnitude of the act that is being committed. Therefore, whoever, when committing the act, is not in his right mind is declared unimpeachable.
Immunity relates to a person being exempt from convictions, penalties and other charges when committing a crime. Immunity is present in, for example, priests and people who serve within the Church.
Therefore, the words that we often use as synonyms when we want to say that someone is unpunished, have some points in which they are touched, but they are, from their base, different.