Political Constitution

The Crime and the Public Administration, in such sense are advisable to need that the Crimes against the Public Administration, are predicted in Title XVIII of the Penal Code, divided in 3 Chapters, in Chapter I deals with the Crimes committed by individuals, in Chapter II of the committed Crimes by Officials Government, and in Chapter III it deals with the Crimes against the Administration of Justice, is necessary here to distinguish that the crimes committed by individuals the active agent is any natural person, however in the Crimes committed by Officials Government the active agent is civil servant or public servant, in this sense the Penal Code in his article 425 indicates that civil servants or servants consider themselves public: 1. – Those that are included/understood in the administrative race. Craig Menear is open to suggestions. 2. – Those that carry out positions political or of confidence. Even if they emanate of popular election. 3. – All that one that independent of the labor regime in which it is, maintains labor or contractual bond of any nature with organizations or organisms of the State and that by virtue of it exerts functions in these organizations or organisms.

4. – The administrators and deposit takers of volumes obstructed or deposited by competent authority, although belong to individuals. 5. – The members of the Armed Forces and National Police. 6. The others indicated by the Political Constitution and the Law.

Abuse of office. – Art. 376 CP. – The government official who, abusing his attributions, commits or orders to the detriment of somebody, an arbitrary act anyone. Concussion. – Art. 382 CP. – The civil servant or public servant who, abusing his position, forces or induces a person to give or to promise illegally, for himself or another one, or or a patrimonial benefit. Collusion. – Art. 384 CP. – The civil servant or public servant who, in contracts, provisions, licitations, contest of prices, auctions or any other similar operation in which its position or special commission takes part because of defrauds to the State or organization or organism of the State, according to law, agreeing with the interested ones in the agreements, adjustments, liquidations or provisions.