THE INTERVENTION OF THE EXTRANEUS IN THE CRIME OF CULPABLE EMBEZZLEMENT
Fulfillment of the preventive purposes of the Penalty
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There are several crimes that protect the legal good of the public administration; these cannot only be committed by public officials or public servants as it could be thought due to the nominal aspect, so generally a distinction is made between the types that can be imputed to the citizen, and those that can be imputed to those considered as public officials or public servants by the Peruvian legal system. The crime of Culpable Embezzlement is aimed at regulating the omissive conduct of the intraneus of the crime, that is to say, the fault of the public official or servant who in the face of ...
There are several crimes that protect the legal good of the public administration; these cannot only be committed by public officials or public servants as it could be thought due to the nominal aspect, so generally a distinction is made between the types that can be imputed to the citizen, and those that can be imputed to those considered as public officials or public servants by the Peruvian legal system. The crime of Culpable Embezzlement is aimed at regulating the omissive conduct of the intraneus of the crime, that is to say, the fault of the public official or servant who in the face of the existence of an objective duty of care consisting in the safeguarding of the effects or funds that are part of the patrimony of the public administration, and that originates that a third party subtracts that which is perceived, administered or guarded. The present investigation deals with the increase in the penalty for the crime of Culpable Embezzlement, for which it has been suggestedthat the penalty currently observed in the criminal type is disproportionate inasmuch as there is no correspondence between the penalty and the conduct of the perpetrator of the crime.
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