The word prevarication designate the one crime perpetrated by public officials that consists of failing to perform the duties and obligations inherent to their position, with full awareness of it, or failing that due to ignorance or negligence that in no way can be excused. It should be noted that the concept is also designated as prevaricate.
For example, when a judge or any other public official passes a sentence or resolves a certain issue in an unfair and inappropriate manner, and even more so, they do so knowing that that decision is not the one that should be made in that case, it will be a prevarication. The same happens when an official such as the minister of a nation makes an inappropriate decision that ends up affecting the assets of the state, it will also speak of prevaricate.
The judges have the duty to apply the law in accordance, while, when that does not happen, that is, they move away from the satisfactory application of a right, they will incur the criminal offense that concerns us, which is that of prevarication.
That is to say, prevarication is a very clear offense to the duties of a public official, which is assumed and to which it is committed after assuming the corresponding position and it is also an abuse of authority.
Therefore, this behavior is punished at the request of the criminal law of nations when it is found that someone has committed it. The penalties for the commission of this crime will vary depending on the legislation in question, although it may consist of fines, disqualification for life from holding a position and effective imprisonment.
So, for there to be trespass, the person who commits the offense must exercise a public office, as we indicated, be a judge of the nation, a minister, or carry out any other executive or legislative position and of course be active in the performance of the aforementioned activity. And something very important is that the inadequate and unfair resolution that this takes must be conscientiously of it, that is, it must mediate the fraud.
