Concept in Definition ABC

The prevaricate, also known as prevarication It's that one crime in which public officials, authorities of a nation, judges, among others, when they fail, either knowingly, that is, deliberately, or through inexcusable ignorance, of the obligations and duties inherent in the position they hold.

For example, when a judge dictates a arbitrary resolution in the context of a case in which he intends to find those responsible for a murder and also knows that the resolution that he is taking is absolutely unjust or contrary to the purpose of imparting justice or to what the law expressly proposes, we can speak of prevarication or prevarication.

Meanwhile, the prevaricate could be aggravated in those circumstances in which there is a cause criminal conviction, or failing that, in which the freedom of a individual.

origins

This figure is not current but has been used since ancient times, for example in Ancient Rome, it was called in this way to the action of those judges who manifested a very clear intention in a judicial process, for example favoring one of the parties to the detriment of the other.

So this triggered the conviction of the innocent or the acquittal of the guilty, something certainly serious.

With the to run of time the term was extended to all kinds of inappropriate use of the authority that is available.

Use in public function

Another area, in addition to the aforementioned judicial one, in which the prevaricate action is recurrent is in the public function; when a public official, for example, the nation's minister of health receives public funds to face a work that will correct the environmental crisis of a region, but instead of employing them in such a situation, he decides to employ them to hire new personnel for his portfolio, he will also be committing prevaricate.

Authority abuse

Always, the action of prevarication or prevarication, will be considered as a abuse of authority on the part of the person who performs it, because in the maximum and full exercise of his functions is where he exercises the lack of his tasks and normally affects the quality of life of the citizens he should represent.

Most of the laws of the world contemplate such action in their criminal codes and therefore it is duly regulated in order to protect the citizen Yet the public administration.

Conditions and penalties

For there to be prevarication, the following components must exist: the person who carries out the prevarication must be an official or a public authority, the The same must be in the current exercise of their position and that the unjust resolution is issued knowing perfectly that it is, that is, it must be evident the intent.

If such questions are fulfilled and the facts being reliably verified, the official in question may be defendant, prosecuted and of course if the evidence supports it, be convicted by justice with the penalty it imposes the legislation of his nation for such a fault, which can range from being disqualified from serving as an official again or effective imprisonment

Unfortunately, the case of prevaricate turns out to be very common throughout the world, regardless of whether it is developed or underdeveloped countries, however, it is more frequent in the latter, yes, but it is a widespread practice, and as we said very regrettable, since the officials who take office with a commitment to be public servants to improve the The lives of the citizens who choose them directly or indirectly end up contradicting this commitment and of course defrauding them by exposing these behaviors associated with the illegal.

Prevarication is a huge injury to the guarantees and rights of citizens and is further aggravated because the official has been elected many times by those affected.

The only effective remedy is undoubtedly the existence of exemplary punishments, that is, when an official commits malfeasance and is proven, must be punished by justice, in a forceful and corresponding way, because if this does not happen in effect, the rest of the officials they may fall into temptation, something that often happens, and since they know there will be no punishments in sight, they commit the crime without too much fears.

Topics in Prevaricato