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Many people they do not fully understand everything that the respective crime of judicial prevarication covers. Something that is very important, to be able to know when it is commented and what are the charges that will fall on the person who does this.
It is because of this that In this article we are going to tell you a little more closely about the crimes of judicial prevarication. Especially in matters related to what the process is and how it is, if you report someone who commits this crime.
What exactly is the crime of judicial prevarication?
The prevarication comes to be as such the action of issuing a resolution that can be noticed that it is arbitrary knowing its injustice. It is a particular crime thanks to its active individual, since it can only be committed by an official, a public authority or a judge.
The creator of the crime is punished for doing acts contrary to the inherent duties of his position, thus affecting his professionalism, confidence and responsibility. As a result, he is continually punished with disqualification from work or public office.
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Where are we going to be able to see judicial prevarication regulated?
In Title XIX of the Spanish Penal Code we were able to find the complete typification of the crimes that have the possibility of committing against public management. These are previously known as crimes of bureaucrats in the exercise of their duties.
Specifically, Chapter I of Title XIX of the Spanish Penal Code, it has to do with the prevarication of public bureaucrats and other unfair behavior. Just as who applies maximum attention in this field is the crime of prevarication, where it is defined as follows in article 404 of the Penal Code:
The authority or public official who, knowing its injustice, will issue an arbitrary resolution on an administrative matter, will be punished with the penalty of particular disqualification. This for work or public office and for the exercise of the right of passive suffrage for a period of 9 to fifteen years
Who exactly is the active individual in a crime of judicial prevarication?
They only have the possibility of committing the crime of prevarication the authority or a public official, such as judges, members of the Congress of Deputies. In addition to members of the Senate, members of the Autonomous Parliaments or members of the European Parliament.
For this reason it is essential to highlight article 24 of the Penal Code:
For criminal purposes, authority shall be deemed to be the person who alone or as a member of a corporation, court or collegiate body has command or exercises its own jurisdiction. In any case, the members of the Congress of Deputies will have the importance of authority.
As well as the Senate, the Legislative Assemblies of the Autonomous Societies and the European Parliament. The bureaucrats of the Public Prosecutor's Office will also be considered authority. A public official will be considered anyone who, by instant provision of the Law or by election or by appointment of the authority in charge of the matter, participates in the exercise of public functions
Is there the crime of judicial prevarication between lawyers and solicitors?
The lawyers and attorneys they will be able to commit a crime of prevarication under the terms of article 467.
But can a lawyer be an active individual in this crime? The ideology estimates that the implementation of the term "prevarication" is inappropriate in this situation, since lawyers and solicitors are not public bureaucrats. However, the legislator understands that these behaviors have the possibility of seriously harming the conditions of entry to justice and the inhabitants.
This crime is committed in 2 cases:
- Custody of conflicting interests.
It occurs once a jurist or attorney has defended, advised or represented a person and, without their consent, defends or represents a third party with contrary interests in the same matter.
- Damage to the buyer.
This crime is committed once a lawyer or attorney clearly affects the interests that have been entrusted to it, whether by action or omission.
This will mean that:
The jurist or attorney who tries to defend someone showing contrary interests is punished with the penalty of a fine from 6 to 12 months and particular disqualification for his profession from 2 to 4 years.
The jurist or solicitor who, by action or omission, affirms the interests entrusted to him will be punished with a fine of twelve to twenty-four months and particular disqualification for work, public office, profession or trade from one to 4 years.
