Análisis de la responsabilidad penal del Notario al otorgar a sabiendas escrituras simuladas.

Abstract

Ecuadorian legislation establishes legal consequences for notaries who engage in conduct prohibited by the Notary Law, including knowingly granting simulated deeds. The problem of this thesis refers to the lack of clarity in determining a criminal type that establishes liability for notarial actions consisting of the simulation of public deeds. The elements that must exist for a notary to be held criminally liable for such situations will be developed in this thesis, as well as the authority competent to hear such acts, their degree of participation in the consummation of the offence, among other aspects. Additionally, different doctrinal criteria and legislation on the responsibility of the notary will be analyzed and the general rules and criminal types that would best suit such conduct will be identified on the basis of the Comprehensive Criminal Code, without prejudice to the revision of other regulations such as the Civil Code, with which the origin of contractual simulation will be more precisely detailed.