We explain what impunity is and some examples of this judicial term. Also, what is immunity and non-imputability.
What is impunity?
Impunity is impossibility of being punished. This is an exception to conviction or a way to escape justice. It is common in some countries where a clean political system is lacking and results in a corrupt and weak judicial system.
Etymologically, it comes from the Latin word unpunished. This is the circumstance resulting from not receive punishment or be judged. And when talking about punishment, it is about some penalty or sentence that has been imposed and that the accused must comply with for having intervened in a criminal act.
We speak of impunity when the person accused of committing a particular crime does not receive the punishment that corresponds to his actions. Therefore, he does not amend his behavior, nor learn from it. It is then when the maneuver to evade punishment – or impunity – occurs for political or other reasons, and the person who is accused of transgressing the law does not receive any 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 to not only make the offender think about the evil he caused to others, but also to The conviction of the accused – the victimizer – is, in a certain way, an act of reparation for the victim.
Impunity is usually associated with very rich people with great assetssince they generally carry out tax evasion maneuvers to avoid, precisely, paying the taxes that correspond to their large 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 know through the news. Knowing that we are unprotected, without a justice system that offers us the security that crimes are judged and punished, causes these thoughts to arise in us. How would you feel if a friend was murdered and his murderer went free due to lack of evidence or corruption of the judge and jury?
Examples of impunity
In case that a gold seller who scams his buyersthe victims hire good lawyers and these, in accordance with the Penal Code that governs the laws of each country, maintain that the perpetrator be tried and request, by presenting evidence and taking him to trial, an appropriate 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 witness testimonies and others involved. But in the case of impunity, the judge, continuing with the example given above, considers that there is not enough evidence to convict the accused and releases him, declaring him innocent. The victims, represented by their lawyers, maintain that this is impunity and that the judge probably received money of dubious origin in order to obtain their freedom.
It is important to highlight that impunity is not always about corruption of the justice system. There are cases in which criminals carry out what is considered the “perfect crime”which leaves no clues and this influences the cases being declared unpunished.
Impunity, immunity and non-imputability
We already described in previous paragraphs what refers to impunity, but it is necessary to differentiate two other concepts that are usually confused with this one and/or used as synonyms for the word impunitysince they are also used within the legal field: immunity and non-imputability.
The non-imputability is what a person does as a result of lack of willreason, 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, anyone who, when committing the act, is not in their right mind, is declared not responsible.
The Immunity is related to a person being exempt from convictionspenalties 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 touch each other, but they are, from their base, different.
