The crime of prevarication and legal conduct of dictating unjust resolution

Identifier:  TFG:1085

Handle: https://hdl.handle.net/20.500.11797/TFG1085

Authors:  García Rodríguez, Jorge

Abstract:
This work aims to analyze the crime of prevarication and legal conduct of dictating unjust resolution. First a study of the different Spanish penal codes which has regulated the crime judicial prevarication in its various forms to see the evolution suffered by the crime in question and the influence of the historical and social context is performed. Secondly the legal right that the crime judicial prevarication about protecting studied, there is a big discussion about it because usually when talking about crime judicial prevarication relates solely to the proper functioning of the administration of justice. Thirdly the target rate is analyzed, it begins with a study of the typical author, continue with the commission by omission and resolutions that are likely to be included in the crime, finally the injustice of the resolution is studied. Fourthly the subjective, both the expression "knowingly" the possible fraud and error type and prohibition is studied. Fifth reference to reckless form of the crime is judicial prevarication. Finally, the case is examined Baltasar Garzon, the sentence for which he is convicted is analyzed, and gathering data collected throughout the work, a comment is made about it.