Prevarication

Prevarication or misconduct in public office defense lawyer

Facing accusations of prevarication or misconduct in public office is one of the most severe challenges a public official can face. Under Spanish criminal law, prevaricación refers to a public authority, such as a judge, political representative, or administrative officer, knowingly issuing an arbitrary and unjust resolution, breaching their legal duties and the trust placed in them. These charges can lead not only to significant criminal penalties, including prison sentences and disqualification from holding public office, but also to lasting reputational damage. 

At Chabaneix Abogados, we combine legal precision with discretion and empathy. Our defense team has extensive experience representing public officials in high-profile cases, ensuring that each client receives a robust, strategic, and tailored defense. 

Understanding prevarication and misconduct in public office

Under the Spanish Penal Code, prevaricación is a serious offense that can be committed by public officials, judges, or other authorities who, in the exercise of their functions, deliberately make decisions that are unjust and contrary to the law. This includes: 

• Issuing administrative or judicial resolutions that are knowingly illegal. 
• Using public authority to make arbitrary decisions. 
• Misusing one’s position to benefit or harm specific individuals or groups. 

While in English legal vocabulary this offense is often referred to as misconduct in public office, the Spanish definition is more specific and requires proof that the decision was both unjust and intentional. 

In addition to judicial and administrative decisions, similar conduct may fall under other corruption-related offenses, such as bribery, influence peddling, or embezzlement of public funds. 

Our defense approach: strategic, discreet, and client-focused

When your career, freedom, and reputation are at stake, early legal intervention is essential. At Chabaneix Abogados, our process is designed to protect you from the very first moment you are investigated or accused. 

Thorough case analysis 

We examine every aspect of the accusation, from the legal grounds of the resolution in question to the evidence gathered by the prosecution. We look for procedural errors, weaknesses in the legal reasoning, and any mitigating circumstances. 

Building a tailored legal strategy 

No two cases are alike. Our strategies may involve demonstrating that the decision, while controversial, was legally valid; that there was no deliberate intent to act unjustly; or that the conduct falls outside the scope of prevaricación under Spanish law. 

Protecting your public and private reputation 

We know that these accusations often play out in the media as much as in court. We handle your case with maximum confidentiality and, where necessary, coordinate with communication professionals to protect your public image. 

Why choose Chabaneix Abogados?

Public officials, executives, and professionals facing misconduct in public office charges turn to us because they value: 

• Expertise in complex criminal law cases: Our team, including highly experienced lawyers and former prosecutors, has handled numerous high-profile corruption and public office cases. 
• Proven track record: We have successfully defended clients before Spain’s national and regional courts, including the Audiencia Nacional. 
• Personalized attention: We take the time to understand your position, responsibilities, and the political or administrative context surrounding your case. 
• Absolute discretion: Your privacy and reputation are our priority from day one. 

Take action now: protect your career and future

If you are under investigation or have been accused of prevarication or misconduct in public office, the decisions you make now will directly impact your future. 

Schedule a confidential consultation with Chabaneix Abogados today: 

• 100% confidential and discreet. 
• Available in person or virtually. 
• Clear, direct advice on your legal position. 

Our goal is to protect not just your legal rights, but also your professional integrity and personal reputation. 

Frequently Asked Questions about Prevarication

What is the definition of prevarication under Spanish law?

Prevaricación occurs when a public authority knowingly issues an unjust and arbitrary resolution in the exercise of their official duties.

Is accepting a bribe the same as prevarication?

No. While both are corruption-related offenses, accepting a bribe (cohecho) involves receiving benefits in exchange for certain actions. Prevaricación focuses on knowingly making unjust decisions, regardless of whether there was personal gain.

What are the penalties for prevarication?

Depending on the circumstances, penalties may include prison sentences, heavy fines, and disqualification from public office for up to several years.

Can a prevarication case be dismissed?

Yes. If it can be proven that the decision was legally valid, made without intent to act unjustly, or that procedural rights were violated, charges can be dropped or reduced.