Delimitation of the definition of an official according to the Paraguayan Criminal Code

Abstract

The research analyzes the scope of the definition of the concept of official according to the methods of interpretation of legal norms, with special attention to that provided for in article 14, paragraph 1, 14 of the Criminal Code. For this purpose, a qualitative approach was adopted, with a non-experimental design, of a dogmatic-legal and documentary type, with a descriptive scope. The data collection technique was legal hermeneutics and documentary analysis. In fact, the methods and criteria of interpretation of legal norms accepted by the dominant doctrine in the criminal field are: grammatical, historical, systematic and teleological. Each of these criteria seeks to explain the meaning of the norm from a different approach. Likewise, the authentic interpretation was taken into consideration, since the matter to be interpreted is precisely a definition established in the law. It is concluded that the term official, according to the definition given in the Paraguayan Criminal Code, is the one who performs a public function that is private to the State, therefore, the accessory tasks that cannot be distinguished from those performed by private individuals in the private sphere are not.