Concept and examples of prevarication

We explain that it is the prevaricate, what are the causes for which this crime can be committed and some examples of prevarication.

The prevaricate can be committed for its own benefit or ignorance of the rules.

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, state authorities in charge of 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 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 prevaricato or prevarication and occurs when they dictate an arbitrary resolution, that is to say that it responds to its whim or will and does not obey the principles dictated by reason.These judicial and administrative resolutions happen knowingly on the part of the public servers that e It's an unfair opinion.

While we talk about a crime comparable to the breach of the duties of public officials, is a special violation , since some particular characteristics of the author are required for it is a fact with the possibility of punishment, that is to say that the illegal act specified in the Criminal Code may 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 brought into play.If this judge departs from his own will, he is committing a criminal law offense that is called prevaricate.

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 their work.Ethical behavior must be impeccable for those who work in justice, as well as objectivity, independence in decisions made and responsibility.

See also: Professional Ethics.

Some examples of prevalence

There are different areas in which this crime can be consummated.Some examples of specific cases: when provisions contrary to the law are created, creating false facts and resolutions , missing the Truthfully brazen: 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 rules is broken, if funds from the population are received for state administration and those who must distribute it for health and education, for example, spend the money to obtain benefits own or to hire staff that only serves your department, the legislation will also be violated.

This type of vulnerability, judicial prevalence, extends to different countries .However, in some it occurs more frequently than in others.Generally, in Latin America it is observed in high percentages.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 this implicit in the ethics of the code that commit the prevaricate is a crime against the people, if it is in public service.