Concept of public official in criminal law: assumptions and scope from jurisprudence and doctrine

Abstract

Crimes involving breach of duty require that the perpetrator hold a special status: that of a public official. However, in legal practice, determining who possesses this status is not always straightforward, especially when dealing with public servants who have an unconventional relationship with the State. Within this framework, this research aims to analyze the prerequisites and scope of the concept of public official in the field of criminal law, drawing on legal doctrine and jurisprudence, particularly in the context of firefighters, service providers, interns, military cadets, and student members of university councils. The study employs a qualitative approach and a descriptive-hermeneutic design. The unit of analysis consisted of rulings from the Constitutional Court and Supreme Court of Peru. Data was collected using a record sheet. The data analysis followed a hermeneutic approach and triangulation method. It is concluded that, beyond Article 425 of the Penal Code, jurisprudence has established that firefighters, service providers, university student members, and interns have the status of public servants, given that they meet both requirements: the required qualification and the effective exercise of public functions.