Imputación a personas que no son servidores públicos en delito de peculado.

Abstract

This paper aims to analyze the exercise of the functions of public officials, as well as those who are not within this position such as administrators, suppliers or extraneus. Although it is true that at present, there are many cases of corruption in the crime of embezzlement, a current sample are the cases of hospitals born as a result of the pandemic, which will be explained throughout the work. The first chapter is based specifically on the crimes against the efficiency of the administration where we will determine its definition, historical background and essentially the crimes against the efficiency of public administration in the Organic Integral Penal Code. Prior to the explanation of the first chapter, we will also develop the doctrinal aspects of the crime of embezzlement, where we will analyze each of the elements of the crime such as protected legal property, governing verb, active and passive subjects, its characteristics and different types of embezzlement. Concluding with the extraneus, its definition, its degree of participation and the imputation to the extraneus for the commission of the crime of embezzlement.