Estudio jurídico y doctrinario referente a la participación y responsabilidad del extraneus en el delito de peculado

The present degree work called "legal and doctrinal study regarding the participation and responsibility of the extraneus in the crime of embezzlement", has arisen to solve the problem generated by the lack of regulations in the Organic Integral Penal Code, to establish the participation and punishment of the individual who is involved in the execution of the crime of embezzlement. For the development of the legal study, the general principles of law will be taken into account, among which stand out: the principle of legality, the principle of typicity, the principle of specialty and the principle of legal certainty. This will serve as support to investigate and support the research. Likewise, the different theories that explain the main variables of the investigative work will be taken into account, such as the doctrinal analysis of the active subject who is not a public official and who, together with the public official, commits this crime, which is known in the doctrine as extraneus. One of the main topics of study is public administration, a subject of transcendental importance to understand the role played by the public servant in the proper development of society, likewise, the moral and legal duty that engenders this subject at the time of linking with the public administration, in the same sense, this research will serve to understand why the criminal law, punishes more rigorously the public servant who has in his hands the care of resources and public property. After analyzing the doctrine and laws that are part of the Ecuadorian legislation, we proceed to investigate the crime of embezzlement, for this, we analyze the nature of the crime of embezzlement, embezzlement as a special crime of breach of duty, the criminal type described in Art, 278 of the COIP, the degree of participation of the extraneus within the crime of embezzlement, the participation in this crime, the difference between the author and the accomplice, and the assignment of the penalty. Finally, a comparative study is made with Peru, Germany and Spain, in order to compare the similarities and differences between the countries mentioned. At the end, it is concluded that it is necessary that the Organic Integral Penal Code describes the conduct of the extraneus in a clear and precise manner, in order to avoid different pronouncements and opinions with reference to their participation in this crime.

• 主要作者: Rentería Espinoza, Shirley Gabriela (author)
• 格式: bachelorThesis
• 语言: spa
• 出版: 2023
• 主题: DERECHO; DELITO; PECULADO; CONDUCTA DELICTIVA
• 在线阅读: https://dspace.unl.edu.ec/jspui/handle/123456789/28307