This offense falls within the category of crimes against the Public Administration, which represent abuses of power that can only be committed by public officials, authorities, or judges in the exercise of their duties.

What is Prevarication?

‍Prevarication, also known as prevaricato, involves an abuse of power and is regulated under the Criminal Code as one of the crimes against the Public Administration. It constitutes a serious offense in which a public official, authority, or judge knowingly issues a resolution that is unjust. The types of prevarication include:

• Administrative Prevarication: when a public official issues an unjust administrative resolution.
• Unlawful Appointment: the wrongful or unjust assignment of a position.
• Judicial Prevarication: when a judge deliberately renders an unjust judgment.
• Prevarication by Attorneys and Court Representatives: when a lawyer represents both parties in the same case, or intentionally acts to the detriment of one of them.

For an act to constitute the offense of prevarication, it is essential that it be carried out with full knowledge of its injustice, and not as the result of judicial error.

What is Bribery ?

‍Bribery, regulated under Articles 419 to 427 bis of the Criminal Code, consists of the solicitation, acceptance, or offer of economic benefits or other favors in exchange for an act related to the exercise of public functions. The purpose of this offense is to protect the proper functioning and integrity of public services, preventing any form of corruption.

Acts of bribery include:

• Performing acts contrary to the duties of one’s position.
• Omitting acts that should be performed.
• Intentionally delaying an act inherent to one’s position.

There are different forms of bribery:

• Active Bribery: occurs when a person corrupts another by means of a bribe.
• Passive Bribery – Proper: when a bribe is accepted for personal benefit.
• Passive Bribery – Improper: when a bribe is accepted solely by virtue of holding public office or to obtain an advantage.

Differences between Prevarication and Bribery

‍Although both offenses involve an abuse of power, the main difference lies in the element of the bribe. In bribery, there is an offer of a benefit that triggers the offense, whereas in prevarication an unjust act is committed without the need for a bribe. Our team of criminal law specialists carefully analyzes each case to design the most suitable defense strategy.

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