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definition of prevaricate

The prevaricate, also known as prevarication It's that one crime in which public officials, authorities of a nation, judges commit, 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 it is proposed to find those responsible for a murder and also knows that the resolution that it is taking is absolutely unjust or contrary to the purpose of imparting justice or what the law expressly proposes, we can speak of prevarication or of prevarication.

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

origins

This figure is not current but has been used since antiquity, 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 to favor 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.

Over time the term was extended to all kinds of inappropriate use of the authority available.

Use in public function

Another area, in addition to the 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 in a region, but instead of using them in such a situation, decides to use them to hire new personnel for his portfolio, you will also be incurring prevarication.

Authority abuse

Always, the action of prevarication or prevarication, will be considered as an abuse of authority by the person who performs it, because in the maximum and full exercise of their functions is where they exercise the lack of their tasks and normally affect the quality of life of the citizens it should represent.

Most of the world's laws contemplate such action in their criminal codes and therefore it is duly regulated in order to protect the citizen and 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, it must be in the current exercise of their position and that the unjust resolution is issued knowing perfectly that it is, is In other words, the intent must be evident.

Fulfilling such issues and verifying the facts reliably, the official in question may be sued, prosecuted and of course, if the evidence supports him, be sentenced by justice with the penalty imposed by the legislation of his nation for such a fault, which can range from the disqualification from serving as a civil servant again or effective imprisonment

Unfortunately, the case of prevaricate turns out to be very common throughout the world, regardless of whether it is in 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 lives of the citizens who directly or indirectly elect them, end up contradicting this commitment and of course defrauding them for 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 prevarication and is proven, he must be punished by justice, in a forceful and corresponding way, because if this does not happen in effect, the rest of the Officials may be tempted, something that often happens, and since they know there will be no punishment in sight, they commit the crime without too much fear.

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