La simulación en las escrituras en el sistema penal ecuatoriano.

Abstract

The ecuadorian Notarial Law prohibits notaries from knowingly granting simulated deeds, sanctioning the non-observance of that not only with the nullity of the deed and the dismissal of the notary but also with the criminal responsibility that may arise. We seek to determine what is this criminal liability for which we study the legal sense in criminal matters of the simulation in the deeds, its classification in the Organic Comprehensive Criminal Code to ensure the constitutional guarantee of Nullum crimen nulla poena sine lege, as well as knowing what actions or omissions in the act of the notary could be subject to criminal liability. With this purpose, the most relevant doctrine is addressed in order to establish the legal concept of simulation in the ecuadorian penal system, as well as to determine if said legal concept is included in the material falsehood, in the ideological falsity or in any of them. We identify the criminal type regulated in the Organic Comprehensive Criminal Code of Ecuador to which the simulation in the scriptures is adjusted. The rules related to the subject are analyzed in the civil substantive legislation finding that our Civil Code does not define the simulation, so it is necessary for the understanding of said institution to resort to the doctrine. Finally, we suggest to the National Assembly, the regulation on the simulation contained in the Civil and Commercial Code of the Argentine Nation that treats this institution as a vice of legal acts together with injury and fraud.