El notario frente al delito de peculado.

Abstract

The theme "The Notary against the Crime of Peculate" allows an investigation where, by object, a disquisition of the Notary is carried out and its role of such Ecuadorian legislation, specifically, the problem has to do with its responsibility to cancel the corresponding participation of the Ecuadorian State to each one of the notarial acts that it performs; and if he can respond criminally for the crime of peculation. The objective of this work is to demonstrate that the Notary's conduct in relation to non-payment, incomplete payment, late payment, or, of contributions to the State, is not possible to be subsumed in the crime of Peculate. The applied methodology has a qualitative approach, not experimental, with exploratory, explanatory and descriptive methods. The results obtained would allow an infraction of administrative nature to be constituted in accordance with the provisions of the Organic Code of the Judicial Function, as well as the Regulation of the Notarial Integral System of the Judicial Function, however, there is a juxtaposition in this regard, given that, there is also the possibility of a Report of Responsibilities of the Comptroller General of the State, civil, administrative responsibilities and even indications of criminal responsibility per peculate against Notaries in such participation can be established. In conclusion, the question arises of what would be the regulations that should be applied if the idea is to sanction the Notary for that action; and, if there is indeed a typical, unlawful and guilty conduct, called peculate; as well as, if the money that notaries receive for their work, must be considered as public or private.