Prevarication

In the Title XIX, “Crimes against public administration”, Chapter I, named “Prevarication by public officials and other unjust behavior”, we can find the crime of prevarication.

The crime of prevarication, according to the Penal Code, consists of the following:
the authority or public official who, knowing its injustice, issues an arbitrary decision in an administrative matter shall be punished with the penalty of special disqualification from public employment or office and from the exercise of the right to passive suffrage for a period of nine to fifteen years”.

Article 405: “the authority or public official who, in the exercise of his competence and knowing its illegality, proposes, appoints or gives possession for the exercise of a specific public office to any person without the legally established requirements for it, shall be punished with a fine of three to eight months and suspension of employment or public office for a period of one to three years. The same penalty of fine shall be imposed on the person who accepts the proposal, appointment or taking of office mentioned in the preceding article, knowing that he/she lacks the requirements legally demandable”.

Article 406 states that the same penalty of fine sall be imposed on the person who accepts the proposal, appointment or taking possession mentioned in the preceding article, knowing that he/she lacks the legal requirements.

It is therefore a special crime since not everyone can commit it, only an authority or public official can commit such a crime. At Chabaneix Criminal Lawyers we are experts in this type of crimes, we guarantee a great professionalism and experience and that is why we are confident in our chances of success. Trust in our wide experience and leave your problem in our hands, we will look for the best solution among all the possibilities to offer you an optimal defense that will allow you to obtain the greatest benefit in the resolution of the case.