We explain what prevarication is, what are the causes for which this crime can be committed and some examples of prevarication.
What is prevaricato?
There are different types of crimes that the representatives of the ConditionOne of them is prevaricato, which is based on passing unjust sentences.
In general, the state authorities in charge of the common welfare or the people who work in the power of attorney, are trained and trained to do so, and must be aware of the responsibility that implies his task, with the objective to improve or educate society and those who violate the law. But not only civilians commit crimes, 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 dictate 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 on the part of the public servers which is an unfair opinion.
Although we are talking about a crime comparable to the breach of the duties of public officials, it is a special violation, since some particular characteristics of the perpetrator are required for it to be an act with the possibility of punishment, that is, the wrongful act specified in the Penal Code can be imprisoned or released.
The reality is that each judge must apply the law that corresponds to each specific case. In other words, it must bring jurisdiction or right same. If this judge deviates from its application of his own free will, he is committing a crime of criminal law which is called prevaricato.
In simple words, when an official of the national State fails to do duty for his own benefit or simply due to ignorance of the rules. However, there is no possible excuse for a judge not knowing the rules that are put into play in their work. The ethical conduct must be faultless for those who work in the Justice, as well as objectivity, independence in the decisions taken and the responsibility.
Some examples of trespass
There are different areas in which this crime can be carried out. Some examples of specific cases: when provisions contrary to the law are issued, creating false facts and resolutions, blatantly disregarding the truth. It also occurs in criminal cases or when the conviction is issued, granting Liberty to those involved who broke the law.
Not only when we talk about rules is broken, if they are received funds from the population for management of the State and those who must distribute it for health and education, for example, they spend the money to obtain their own benefits or to hire personnel who serve only their department, it 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 various factors, since not in all countries crime includes the same limits. In Mexico, for example, it is not specified in detail in the Penal Code for the Federal District, although it is not omitted for this reason. This means that throughout the articles it is implicit in the very ethics of the code that committing prevaricate is a crime against the people, if one is in public service.