Análisis jurídico del delito de enriquecimiento ilícito por parte de los servidores y funcionarios públicos.

Abstract

This titling work was carried out with the objective of executing a Legal Analysis of the Crime of Illicit Enrichment by public servants and officials, through an investigation of non experimental design, qualitative approach, documentary and explanatory; and, using theoretical and empirical research methods; that allowed to know and interpret the legal regulations prevailing in Ecuador related to this act, the responsible entities and the processes that are carried out to initiate this investigation and prosecute those responsible; and, the most relevant cases of this criminal type in our country. Also, interviews with legal professionals were conducted to find out their experiences and the procedures they carried out to defend this punishable act. As conclusions it is presented that there are certain gaps in the rules that must be reviewed and modified to the current situation. This work is completed with a proposal to reform some legal bodies to establish and empower the Contraloria General del Estado and Unidad de Analisis Financiero y Economico, to make and send reports that demonstrate the commission of this malicious crime at a specific time, which will contribute to the work of the Fiscalía General del Estado, to accuse the prosecutor with speed, truthfulness, integrity and due process; and, that the Administrator of Justice establish and sanction this act.