La cooperación eficaz y su relevancia en los delitos contra la eficiencia de la administración pública.
This article analyzes the technique of effective cooperation and its relationship in crimes against the efficiency of public administration. Although doctrine regarding the subject was delimited, justice operators do not take into account the importance of this technique in the case of this kind of...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Ecuador |
| Institución: | Universidad de Otavalo |
| Repositorio: | Repositorio Universidad de Otavalo |
| Idioma: | español |
| OAI Identifier: | oai:repositorio.uotavalo.edu.ec:52000/831 |
| Acceso en línea: | http://repositorio.uotavalo.edu.ec/handle/52000/831 |
| Access Level: | acceso abierto |
| Palabra clave: | Derecho Penal Administración pública Eficacia Eficiencia |
| Sumario: | This article analyzes the technique of effective cooperation and its relationship in crimes against the efficiency of public administration. Although doctrine regarding the subject was delimited, justice operators do not take into account the importance of this technique in the case of this kind of crimes. The methodology used was a qualitative approach based on the exegetical analysis of the doctrine, the relevant legislation and a case study. Among the main results, it was determined that effective cooperation has serious limitations in its practical application due to the human and subjective factor because the prosecutor is the only one called -according to Ecuadorian legislation- to determine the relevance of the information obtained by the cooperator. Crimes against the public administration are usually committed by high-level criminal organizations with big influence even the highest public spheres, so it is probably that the prosecutor could be coopted by said associations. Effective cooperation can become an efficient mechanism to dismantle these groups, as long as the prosecutor has transparent tools for action and, above all, it does not have the absolute prerogative to reduce sentences in the way that Ecuadorian criminal law currently allows. |
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