The concept of public oficial in Criminal Law
Abstract
This article discusses the concept of public official in criminal law, which content and scope are central topics of contemporary legislation. Modern criminal theory has develop a concept of public official which is autonomous. It’s not limited to the parameters of labor administrative law and which, in Peru, has been reflected in art. 425 of the Criminal Code. There are two central components of the concept of a public official for criminal purposes, the enabling title for entry into public administration and the performance of the public service. From this point of view, it discusses the problem of determining the moment in which public status is acquired in cases of officials by popular election. Finally, the present investigation research in detail the problem of the ' facto public official '. About this problem, we propose the illegitimacy of the concept because it don’t have legal regulation; for that reason, we only admit the case of public officials with irregular title.
Downloads
Metrics
Métricas alternativas
Copyright (c) 2024 Raúl Belealdo Pariona Arana
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain their copyrights and register under the Creative Commons Attribution 4.0 International License (CC BY 4.0), which allows the use of the published material (adapt - remix, transform and build - and share - copy and redistribute - the material in any medium or format).
1. The journal allows authors to retain their copyrights of submitted articles without any restrictions.
2. Authors retain the right to share, distribute, copy, perform and publicly communicate the article published in Revista Oficial del Poder Judicial (e.g., place it in an institutional repository).
3. Authors retain the right to make a subsequent publication of their work, to use the article or any part of it (for example: a compilation of their work, notes for conferences, thesis, or for a book), as long as they indicate the source of publication (authors of the work, journal, volume, number and date).
