We explain what prevarication is, what are the reasons why this crime can be committed and some examples of prevarication.
What is prevarication?
There are different types of crimes that representatives of the State can commit, one of them is prevarication, 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 judicial branch are trained and trained in pursuit of this, and must be aware of the responsibility that their task entails, with the aim of improving or educating to society and to those people who break 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 your whim or will and does not obey the principles dictated by reason. These judicial and administrative resolutions happen knowing on the part of public servants that it is an unfair ruling.
Although we are talking about a crime comparable to failure to fulfill the duties of public officials, it's a special breaking since some particular characteristics of the perpetrator are required for it to be an act with the possibility of punishment, that is, the illicit act specified in the Penal Code can be imprisonable or releaseable.
The reality is that each judge must apply the law that corresponds to each specific case. In other words, it must bring jurisdiction or the right itself into play. If this judge departs of his own free will from the application of this, he is committing a criminal law offense which is called prevarication.
In simple words, when an official of the national State fails in his duty for personal gain or simply ignorance of the rules. However, there is no possible excuse for a judge not to know the rules that come into play in his or her work. Ethical conduct must be impeccable for those who work in justice, as well as objectivity, independence in the decisions made and responsibility.
See also: Professional ethics
Some examples of prevarication
There are different areas in which this crime can be committed. Some examples of specific cases: when provisions contrary to the law are issued, creating false facts and resolutions blatantly missing the truth. It also occurs in criminal cases or when the sentence is handed down, granting freedom to those involved who broke the law.
Not only when we talk about norms are they broken, if they are received funds 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 who serve only their department, the legislation will also be violated.
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 all countries have the same limits on crime. In Mexico, for example, it is not specified in detail in the Penal Code for the Federal District, although this does not mean it is omitted. This means that throughout the articles it is implicit in the very ethics of the code that committing prevarication is a crime against the people, if one is in public service.
