Approach to the study of the crime of judicial prevarication

Abstract

The work analyzes the crime of judicial prevarication in the Spanish Criminal Code, since the recognition in 
the Spanish Constitution of 1978 of the third power of the State, constituted by the Judicial Power, which means that 
this crime cannot be considered as an infraction of the duty of service of an official with the citizenship, and who, on 
the other hand, questions the timeliness and correctness of the system followed by the penal text, since by indicating as 
a protected legal interest the right to effective judicial protection of Article 24, 1 of the Constitution, does not It seems 
possible to consider including acts committed by someone who does not have competence to apply the law and, there fore, to achieve the effectiveness of said fundamental right. Specification of the legal right that requires an interpretation 
based on the consequences derived from it.