La inconveniencia de la estafa con causa ilícita en Ecuador.

Abstract

In this academic article, it is intended to address an analysis of the problem that exists in Ecuador, regarding the complaints for the crime of fraud with an illegal cause or object. In cases in which the victim seeks protection in the Law through the figure of the crime of fraud, but its object is an illegal cause, that is, this person was misled, in an activity in which he had prior knowledge that it was an illegal act. The main objective of this work is to provide feasible solutions or ways to use to avoid the use of Ecuadorian Law to protect one crime from another, in this case from fraud, and that the courts and public servants decide on the use of these to ensure correct use of the standard. An analysis of the crime of Fraud and its bad execution will be carried out when the object to be protected is an illicit one; the analysis of our legislation that does not recognize or penalize fraud with an illegal cause; implement nullity in cases of fraud with an illegal purpose; and the application of the principle of minimum penal intervention with the objective also of a less dilation in the penal judicial system, of the administrative organs of justice that process cases that, based on the Civil Code in its Art. 1697, the contracts or acts that have been the product of an illegal cause are null.