The Fraudulent Omission in the Crime of Embezzlement in Front of the Public Administration

Abstract

The Ecuadorian State guarantees the well- being of all its citizens, promoting their development through the timely use of public resources, having the duty to sanction any conduct that violates its constitutional purpose and the deviation from it. Crimes against the public administration, such as embezzlement, are punished and combated by means of special rules that prevent the misappropriation of state money. However, there are non-criminal acts that are used to commit embezzlement, such as improper omission. The latter is used as a principal element to generate a result that is harmful to the State and is not subject to any penalty because it is not defined in the criminal law as part of the legal assets that enjoy special protection in the omission- such as the case of efficient public administration-thereby allowing for impunity.