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The Criminal Justice Structure
When it comes to economic heritage, the Court expresses that;Because this is a crime against the economic heritage, which admits the extinction of the criminal action for compensation to the victim, it is necessary to declare the cessation of procedure for stating the payment of the money owed. Article 250 A of the Colombian Criminal Code establishes that.
The one who directly or by interposed person promises, offers or grants managers, administrators, employees or advisors of a company, association or foundation a gift or any non -justified benefit to favor him or a third party, to the detriment of that, he will incurIn prison. This corruption is worse in the private sector than in the public, since the money they steal is not taxes but of shareholders, the bigger the company tends to be greater corruption, people who incur this crime tend tobe those at intermediate levels in companies.
This conduct is stipulated in article 250-B, which refers to the administrator of fact or law or shareholder of any company, composed or in training, in it the figure of;Manager, employee or advisor who is to the benefit of his or a third party of his functions and fraudulently dispose of the goods belonging to the company or may apply where obligations in charge of said company.
Abuse of inferiority conditions
The abuse of trust is typified in article 251. This is when this crime is incurred for illegal benefit for himself or for a third party, abuse any person who is in a state of necessity, passion, mental disorder, or for his inexperience is induced to perform acts of acts ofwhich derive legal effects which harm this. These cases are frequent to see them in family societies, otherwise, the required, evaluable and effective economic damage excludes contest possibilities with the patrimonial crimes that are perfected, privileging multiple behavioral hypostasis.
Speaker Gustavo Enrique Malo Fernández expresses that;The active subject of behavior must necessarily know the conditions of inferiority of the person, in this case of mental disorder, because otherwise it could be used to induce him to perform an act that could produce legal effects and thus obtain an illicit benefit. That is, for the active subject to be innocent, he must be certain that he did not know the status of the person and to be able to demonstrate this he must go through several studies that the judge considers necessary. According to Law 599 of 2000, its punishability is as follows:
- 1 to 4 years prison and fine of 5 to 50 smlmv
- INS 2. Imprisonment of 2 to 5 years and fine of 10 to 200 SMLMV, if the damage is effectively caused.
Criminal type structure
- Active subject: Singular indeterminate.
- Passive subject: needy person, in a state of passion, of mental or inexperienced disorder.
- Behavior: simple determining verb;induce the realization of the legal act that may harm the taxpayer. Simple Inc determinator verb.two;induce the realization of the legal act that effectively harms the taxpayer.
- Legal purpose: Private Economic Heritage.
- MATERIAL OBJECT: PERSONAL. Induced subject.
The person who intentionally appropriated a good that is belonging to another person when by other people’s mistake or fortuitholder of the account is noticed and makes use of money, the Colombian Criminal Code establishes that the active subject will incur prison, however, the Supreme Court of Justice states that the criminal type forces the error of others or fortuitous case,