The Collusion and Incompatible Negotiation Offenses According to the Peruvian Supreme Court of Justice: Four Dogmatic Topics Under Discussion

Vílchez Chinchayán R. · Revista Juridica Austral (2024) · DOI: 10.26422/rja.2024.0501.vil

Resumen

Acts of public corruption affect everyone equally, regardless of the conditions: both citizens and the public administration itself. If what is intended is to continue with repression through criminal law, its implementation should not only involve an increase in penalties or the implementation of new ones, but rather a review of those elements that especially affect the configuration of these offenses. This is what the Supreme Court of Justice has highlighted in incompatible negotiation and collusion offenses, although not without some controversy. Against this backdrop, a proposal is made to focus on four essential topics of offenses against the public administration: the legal interest protected, classification as endangerment offenses, possibility of liability in commission by omission, and criminal intervention.

Instituciones: Universidad de Piura