The participation of Public Servants in the crime of Culpable Infringement

The participation of Public Servants in the crime of Culpable Infringement

Determination of the penalty, apprehension of injustice - disproportionality - between the facts with the criminal type

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The present research sought to analyze the criminal type of Culpable Embezzlement (fourth paragraph of Article 387° of the Criminal Code of the Peruvian Legislation in force) under the perspective of the disproportionality of the penalty in the crime, in relation to the fact that a public official or servant, who has been negligent in the mechanisms of custody of funds or effects, has given occasion to a third party to steal them from the public administration, and that has given occasion for a third party to subtract the same from the public administration, being necessary the establishment ...