Determinación de la responsabilidad penal del notario en la suplantación de identidad de las personas que celebran la transferencia de bienes inmuebles.

Abstract

This study aims to examine the criminal liability of notaries when identity theft occurs in the context of real estate transfers in Ecuador. To achieve this, the current legal frameworks are examined, including the Penal Code, the Notarial Law, and other related regulations, as well as relevant case law on the subject. The methodology used was a legal analytical approach, which included document review and case study analysis, with the aim of determining the responsibilities and penalties applicable to notaries who fail to comply with their identity verification and due diligence obligations. The results show that the omission or negligence of notaries in supervising identity in the transfer of real estate may constitute a crime under the Ecuadorian Penal Code, generating direct criminal liability. Furthermore, gaps and challenges in regulation and control are identified, which hinder the effective prevention of these crimes. Finally, it is concluded that it is urgent to strengthen oversight and sanctioning mechanisms for notaries, pro