The etymology of appear takes us to the Latin word comparescĕre , in turn derived from compare . This verb is usually used to name the action that an individual performs when presented to another subject or specifically to an authority .
For example: “The drug trafficker was transferred to the United States so that he can appear in court,” “The accused refused to appear before the judge,” “The legislators called the Minister of Economy to appear.”
The notion of appearing is common in the field of law . Appearing, in this case, involves a personal presentation or through a power of attorney before a public body . A court or judge has the power to call people to appear in certain judicial proceedings.
Suppose a judge investigates a corruption complaint involving various government officials. In order to advance in the clarification of the facts, the judge summons the suspects to appear. The accused, in this way, have the possibility of providing their version, while the judge can question them about the events in question.
The act of giving explanations to the person who requests them is also called appearing. The president of a club, to cite one case, can call three members who caused damage to the institution 's facilities during an event to appear. The president, as an authority, wants to know exactly what happened and who was responsible for the damage in order to apply the appropriate punishments.
Obstruction of justice crimes
Obstruction of justice is considered any illegal criminal act that undermines a judicial process, preventing the State from administering justice correctly. Whoever commits this crime may have personal interests or for the benefit of a third party.
In Spain, these crimes were already in the Penal Code of 1928, although with very reduced content compared to the current one; Four years later, more criminal types were added and in 1995 it took the form it has today. In this context we can talk about the crime of failure to appear , which is considered passive, since the subject hinders the functioning of Justice through failure to comply with an obligation (in this case, to appear for a summons).
The crime of failure to appear has as its first consequence the suspension or delay of a procedure . For it to occur, the person summoned must fail to fulfill his or her commitment without providing the authorities with just cause . The punishment consists of imprisonment for a period ranging from three to six months; If you have received a warning but return and commit the crime, then a fine is added.
If the named individual is a lawyer, representative of the Public Prosecutor's Office or attorney, and is in the full exercise of his or her duties or in professional action, then the sentence is imposed in its upper half (that is, with the sentence of six months in prison ) plus special disqualification for public office or employment, trade or profession, with a duration that can range from two to four years.
If the judicial procedure is suspended because a member of the court or the judge himself refuses to appear without just cause, the consequences for the professional are similar to those received by lawyers plus a fine of six months to two years. We cannot deny the importance of compliance by the authorities in a process of this nature, where the future of a person or even their right to remain alive can be decided, and that is why the punishment is so severe.