TSE judge could be denounced for the possible commission of the crime of abuse of authority – Publinews – 2024-02-29 18:10:02

A jurist explained to #Publinews that the presiding magistrate of the TSE, Blanca Alfaro, “would have exceeded her duties, since the cell phone is a personal object.” “The young man did not commit any crime and it is not grounds for dismissal,” she stated. Here the details.

This Friday a video circulated on social networks in which the magistrate and head of the Supreme Electoral Tribunal (TSE) denounced a worker. She claimed that she caught him recording their conversations.

“Our surprise is that every time he goes with people, the young man records all the messages and was in an office recording. “I asked him to lend me the phone because I suspected it and he actually records all the calls and messages he speaks with people,” the official said.

He added that the cell phone would be sent to the Public Ministry (MP) with a corresponding complaint. Furthermore, he assured that, for the young man, he issued a notarial document: “You know what is happening, young man,” he said in the video.

In this regard, jurist Juan Francisco García explained to Publinews that the judge would have exceeded her duties and may be accused of possibly committing the crime of abuse of authority, since the telephone is a personal object which could not be confiscated.

While the young man’s action, García described it as “a minor offense,” if the internal regulations of the highest electoral court established it. He added that “this action is not a crime, therefore, it is not grounds for dismissal.”

The worker was identified as Cristian André Natareno Juárez, who works as an office worker in the Coordinating Unit of Delegations and Subdelegations of the TSE.

Rumors circulated on social networks that Natareno is the nephew of prosecutor Rafael Curruchiche; However, the head of the Special Prosecutor’s Office against Impunity of the Public Ministry has not confirmed this point.

What is the crime of abuse of authority?

The crime of abuse of authority is configured when a public servant (members of public corporations, employees and workers of the State, who are at the service of the State and the community) causes their own will to prevail (capricious acts) over the law and in order to achieve personal interests and not the public interest, taking advantage of his duties or exceeding them in the exercise of them, commits an arbitrary and unjust act.

In this type of case, people may report the public servant, since their actions are a crime that must be punished by the competent authority.

According to article 418 of the Penal Code, the crime of abuse of authority can be punished with imprisonment of one to three years.