The term prevaricate refers to crime who commits a civil servant or one judicial authority consciously dictating a resolution What is it unfair . The notion can also be mentioned as prevarication , from the Latin word praevaricatio.
The prevaricate appears when a fault is arbitrary and is contrary to what is established by the legislation . Who incurs in this fault commits a authority abuse and does not fulfill the obligations acquired within the framework of its powers.
It is important to remember that judges should take care of the application of right in specific cases, resorting to the jurisdiction . The one who, voluntarily, does not apply the law accordingly, incurs the criminal offense called prevaricate.
For the prevaricate to exist, in short, the person in charge must be an official or an authority who, exercising his position, dictates an unfair resolution with intent . The scope and limits of the prevaricate, however, depend on the laws of each nation.
Suppose that a judge, in the context of a case for a murder, makes the decision to issue an arbitrary resolution, knowing that his ruling is unfair and contrary to rules . Thus he ends up condemning an innocent individual to prison. In such a case, the judge is responsible for the crime of prevarication.
Let's see a real situation reflected by many Colombian media. The magistrates Fernando Castaneda and Felix Maria Galvis were sentenced to twenty years of jail and suspended for life when found guilty of prevaricate and other crimes, committed by irregularly sanctioning the company Ecopetrol .