La funcion publica como objeto de tutela penal

Abstract

This paper aims at determining whether the concept of public function is a parameter that can be used to carry out a systematization of those offenses which imply an incorrect performance of the State’s mission. In this sense, it puts forward that the public function can be considered a guardianship object in an important set of offenses included in Title V, Book II, of the Penal Code as well as in several offenses included in Title IV, Book II, of the same Code. This article suggests that the notion of public function is compatible with a conception of the criminal law that emphasizes the need to link the guardianship object with meeting a person’s material and spiritual needs. Likewise, it sets forth that, for penal reasons, the notion of public function admits a wider sense that includes both the administrative activity and legislative and jurisdictional functions, although each presents specifications which make it advisable to determine how the attempt against the public function is manifested in the different offenses that integrate this section of the legal system.