Cohecho pasivo propio: análisis del artículo 393° del código penal peruano / Passive bribery act: peruvian penal code - article 393° analysis

Abstract

The author establishes the importance of the passive bribery crime in the present time, mentioning that it is one of the crimes with the highest incidence, in relation to the value of the benefit, the same is not decisive for the analyzed crime commission, but the objective capacity to corrupt. In relation to the typical conduct, he delimits and differentiates the accepting, receiving and soliciting assumptions. Another problem encountered by the author is related to the legal interest criminally protected, so the author specifies that what is protected is the expectation that the official does not direct (motivation) his public action based on an external incentive, i.e. does not privatize his action.