La corrupción del sector privado con relación al delito de peculado

Abstract

The present research analyzes the origin and historical development of the crime of embezzlement, highlighting the participation of private individuals in its commission, with a synthetic analytical emphasis and a comparative study with legislation in neighboring countries, to subsequently detail the concepts contained in the Constitution of the Republic of Ecuador and its subsequent regulatory bodies, such as the Comprehensive Organic Criminal Code. First, the criminal offense of embezzlement is broken down, highlighting its imprescriptibility, scope regarding the determination of the active subject, its trial in absentia, and an analysis based on several judgments on the criminal offense of embezzlement, the participation of private individuals in these acts, and also matters relating to the crime of embezzlement in the Entities of the National Financial System that carry out financial intermediation with private funds from society in general. Subsequently, the responsibility of the private sector within schemes of administrative corruption will be made visible, reflecting the magnitude of the damage caused as a result of its participation, clearly establishing that, although it is true that the active subject of the criminal offense of embezzlement must have a specific status, the person who, without such status, as required by the criminal offense, intervenes with principal acts of consummation in the crime of embezzlement cannot be left unpunished. that is, the participation of the private individual, and for a better understanding, the concepts of INTRANEUS and EXTRANEUS and the concept of COMMUNICABILITY OF CIRCUMSTANCES between the two should be used.