At Soler Martín Abogados, we offer a comprehensive defense for those accused of prevarication, a crime that directly affects the legality of the actions of public officials. Our firm has extensive experience in the defense of this type of crime, guaranteeing specialized and effective representation.
What is prevarication?
The crime of prevarication occurs when an authority or public official issues an arbitrary resolution, knowing that it is unjust. In other words, it implies that an official, in the exercise of his or her functions, issues a resolution knowing that he or she is acting against the law.
This crime is regulated in Articles 404 and following of the Spanish Criminal Code and is designed to preserve impartiality and legality in decision-making by public officials. It is one of the most serious crimes against the Public Administration, as it corrupts the trust that citizens place in public institutions.
Types of prevarication
There are different ways in which prevarication can manifest itself, and the Spanish Penal Code distinguishes between several types:
- Administrative malfeasance: Implies that the official or authority issues an unjust resolution within the scope of its administrative competence, with full knowledge of its illegality.
- Judicial malfeasance: Refers to judges or magistrates who knowingly and deliberately issue a decision contrary to law.
- Prevarication by omission: This modality occurs when the official, having the obligation to act in accordance with the law, omits to issue a resolution that he is obliged to issue, causing damage or failing to comply with his duties.
Legal consequences of prevarication
Penalties for prevarication vary depending on the seriousness of the acts and the type of prevarication committed. The most common penalties include:
- Prison sentence: In some cases, prevarication may carry prison sentences of up to 10 years, especially when the unjust act has caused serious damage or seriously affected the functioning of the Public Administration.
- Absolute disqualification: One of the most common consequences of this offense is disqualification from holding public office. In many cases, this disqualification can be of long duration, preventing the convicted person from holding positions or functions within the Administration.
- Fines: In some cases, a financial fine proportional to the damage caused may also be imposed.
The impact of a conviction for malfeasance is devastating not only in terms of legal sanctions, but also at a reputational and professional level, which makes it essential to have a solid defense from the outset.
Defense strategies in cases of malfeasance in office
At Soler Martín Abogados, we are highly qualified to face accusations of prevarication and build an effective defense for our clients. Some of the strategies we employ include:
- Exhaustive analysis of the file: We thoroughly examine all resolutions issued by the official or authority in question, looking for evidence that the resolution was not arbitrary or contrary to law.
- Lack of malice: In many cases, an effective defense can be based on proof that the official acted without malice, i.e., without full awareness that the resolution issued was illegal.
- Administrative errors: Another common approach in defending these cases is to demonstrate that, although an error was made, it was not intentional and did not cause serious harm, which could reduce the severity of the penalties.
- Omission of information: In some cases, it can be shown that the authority or official did not have all the necessary information at the time of making the decision, which affected his or her ability to act in accordance with the law.
Differences between prevarication and other crimes against public administration
The crime of prevarication is distinguished from other crimes such as bribery or influence peddling, since prevarication does not necessarily imply a personal or economic benefit. While in bribery or influence peddling a favor or reward is sought in exchange for influencing a decision, prevarication focuses exclusively on the issuance of unjust resolutions, regardless of whether the official benefits personally.
Why choose Soler Martín Abogados?
At Soler Martín Abogados, our experience in the defense of crimes against Public Administration, such as prevarication, allows us to offer high quality legal representation, based on a rigorous analysis of the facts and a personalized defense strategy. We know what is at stake in these types of cases and we work hard to protect the rights and reputation of our clients.
We are committed to providing close and professional advice, explaining each step of the process and ensuring that our clients are well informed and prepared at all times.
Conclusion
The crime of prevarication is one of the most serious offenses a public official can commit. If you are facing an accusation of prevarication, having a team of experienced criminal defense lawyers can make all the difference in the outcome of your case. At Soler Martín Abogados, we are prepared to provide you with the defense you need to protect your rights and your career. Contact us today to receive the best legal advice.
