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 charges 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 malfeasance. Especially in issues 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?
Prevarication is, as such, the action of issuing a resolution that can be seen to be 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 carrying out acts contrary to the inherent duties of his position, thus affecting his professionalism, trust 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 classification of the crimes that can be committed against public management. These are previously known as crimes committed by bureaucrats in the exercise of their positions.
Specifically, Chapter I of Title XIX of the Spanish Penal Code, has to do with the prevarication of public bureaucrats and other unfair behavior. Just as the one 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, dictates an arbitrary resolution in 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 to passive suffrage for a period of 9 to fifteen years
Who exactly is the active individual in a crime of judicial malfeasance?
They only have the possibility of committing the crime of prevarication 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 will be deemed to be someone who alone or as a member of some corporation, court or collegiate body has control 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 deemed to have authority. Any person who, by instant provision of the Law, will be considered a public official or by election or appointment of the authority responsible for the matter, participating in the exercise of public functions
Does the crime of judicial prevarication exist between lawyers and attorneys?
The lawyers and attorneys They will be able to commit a crime of prevarication under the terms of article 467.
But can a jurist be an active individual in this crime? Ideology believes that the implementation of the term “prevarication” is inappropriate in this situation, since lawyers and attorneys are not public bureaucrats. However, the legislator understands that these behaviors have the possibility of seriously damaging the conditions of entry to justice and the inhabitants.
This crime is committed in 2 cases:
- Custody of contradictory 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 jurist or attorney It obviously affects the interests entrusted to it, whether by action or omission.
This will mean that:
The jurist or attorney who tries to defend someone by showing contrary interests will be punished with the penalty of a fine of 6 to twelve months and disqualification from his profession of 2 to 4 years.
The jurist or attorney who, by action or omission, affects in an affirmative manner 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.