XV. refrain from immediately recording the detention concerned, falsifying the relevant administrative detention report, failing to update it properly or unjustifiably delaying the detention of the detainee in the custody of the competent authority; and PARIONA ARANA, RaÃºl.Â The crime of abuse of authorityÂ In: Themis Revista de Derecho.Â Lima: PUCPÂ Given the duty to maintain the legality of the actions they perform in the exercise of their functions, they are prohibited from committing or ordering a functional transgression. Vi. – if he is responsible for an institution intended for the execution of custodial sentences, institutions for the social reintegration or detention and rehabilitation of minors, preventive or administrative prisons or Arraigo centres which, without legal requirements, receive, detain, arrest, entrench or internally detain a person as a prisoner or deprive him of his liberty, without informing the competent authority; deny that she is imprisoned when she is; or fails to comply with the dismissal order issued by the competent authority; The configuration of the abuse of power, each of the main verbs requires a commission and not an omission, because it is impossible to give orders before they do not. In other words, it would be impossible to verify a causal link between the buyer and the recipient of the order. On the other hand, if such an order exists, it is also necessary to check whether it is explicit and unfair, so that it is a typical behavior. (Garcãa Navarro, 2009, p.544) For the probable commission of the crimes of abuse of power and violation of a legal obligation, as well as those resulting from the investigation, lawyer Tomás Mundo Arriasa will file an official complaint on Monday with the office of the special anti-corruption prosecutor against the second prosecutor of Boca del Río, Zuleyma Segura Granillo, and his immediate superior. the regional prosecutor of the central area of Veracruz, César Guillermo Caballero Cortés. According to the second paragraph of this article, the offence of abuse of power is exacerbated if the abusive acts arise from a procedure of forced recovery that leads to a violation of the rights of the citizen.
(Peã±a Cabrera, 2010, p.225) As for the verb to order (order to do something), a causal link between (i) the officer who ordered must be verified; (ii) the attribution in which it was exceeded and (iii) the harmful abusive act. On the other hand, in the case of the main verb to the order, the order and the execution have the same unity of action in time, since the execution is verified with the only official and legal issue of this order, insofar as the damage against someone is potential. As with arbitrary police orders, where the order is already executed. But this written order, which does not exceed the administrative scope (not issued), can be a preparatory act, but never completed. (Ibid.) The legal description of this crime can be found in article 376 of the Penal Code, where in the second paragraph (forced collection) in addition to the general© description, a particular aggravating circumstance is noted. In the abusive exercise of public office, when there is a predominant and perhaps even representative figure, it is the abuse of authority. Punished in accordance with article 109 of the Political Constitution of the United Mexican States, under criminal law as a crime and under administrative legislation as a misdemeanor. Abuse of power is a crime in which a person exploits another person who, thanks to his superior position and powers, is in a situation of subordination to him. On the other hand, the taxpayer of this crime is the state in its manifestation of public administration.
However, it is necessary to limit the time when the legislator conceived the criminal type, including the term©: harm to someone. In addition to the provisions of article 94 of the Code of Criminal Procedure, which identifies the figure of the injured party as any person©affected by the commission of the offence. Therefore, in view of the abuse of power and the resulting damage against him, the administrator must be admitted as a civil party. (Hugo Ãlvarez, 2018, p.47) With regard to guilt, it is necessary to consider whether the officer knew the anti-legal capacity of his conduct, that is, whether he knew that his act was prohibited because it violated the law. Otherwise, a prohibition error may occur if, for example, municipal inspectors leave a softening outlet, despite having been authorized by the mayor`s authority, but the seller has no document at the time of operation to prove such a permit. Due to the legal requirement of a specifically qualified active subject (special crime), only public officials can be prosecuted. Persons who intervene after the order to carry out the arbitrary act may only be accomplices or instigators. In the case of several public officials acting together in the execution of the arbitrary act, they may be charged with the co-perpetrator, which will also©be the case in the case of a collegial administrative authority.
(Pariona, 2015, p.95) On the other hand, if the official abuses the delegated authority and acts in a manner contrary to the obligations imposed by the standard, he will behave to the detriment of the administration or administered authorities.