@jotlyful1: Crimes of Abuse of Authority and Breach of the Duties of Public Servants These crimes are discussed in Chapter VI of Title X of Book II of the Penal Code, in the following articles:   “Article 355. A public servant who, abusing his position, orders or commits an arbitrary act against any person, not specifically defined in the criminal law, shall be punished with imprisonment of one to two years or its equivalent in day-fines or weekend arrest.” Abuse of authority occurs when a public official, exceeding the regulatory framework that defines their functions, carries out arbitrary actions that affect someone. Such conduct implies that the public servant acts outside legal limits, ordering measures that infringe upon individual rights. This type of crime represents an essential balancing mechanism, as it safeguards legal certainty between the government and citizens. Thus, it seeks to mitigate the excessive use of power by those who exercise functions on behalf of the State, preventing their powers from becoming instruments of oppression or injustice.   “Article 356. Any public servant who unlawfully refuses, omits, or delays any act inherent to their position shall be punished with imprisonment from six months to one year or its equivalent in fines or weekend arrest. The penalty shall be increased by one-third to one-half when the omission occurs in cases of evictions ordered by a competent authority.” The breach of duties by public servants occurs when an authority omits, refuses, or delays the fulfillment of legal obligations, especially those aimed at protecting fundamental rights such as private property. The seriousness of this offense lies in the neglect of the duty to safeguard citizens’ interests and rights, which can lead to the violation of essential guarantees. Thus, the omission or refusal to act in accordance with the law represents a breach that undermines trust in the public function and in the protection of individual rights.   “Article 359. Anyone who, without title or appointment, usurps a public function, or who, being legally dismissed, suspended or separated from their position, continues to exercise it, or who usurps functions corresponding to a position different from the one they hold, shall be punished with imprisonment from two to four years.” Usurpation of functions occurs when decisions are made or orders are issued through resolutions by an authority that lacks the legal competence to do so. This offense can be assessed by analyzing whether the action taken or the order issued truly corresponds to the powers of another authority. A clear example is when an administrative authority orders measures that, by law, can only be issued by a judicial authority. In these cases, there is evidence of an improper appropriation of powers, which violates the principle of legality and the proper distribution of powers within the State

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Tuesday 20 October 2026 13:31:41 GMT