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Language: search.filters.language.EnglishSubject: search.filters.subject.Derecho penal

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    Due obedience for illegitimate orders: A case study of embezzlement in Ecuador and Colombia
    (Centro Latinoamericano de Administracion para el Desarrollo, 2022-07-01)
    This paper analyzes due obedience in the crime of embezzlement in two cases of Ecuadorian and Colombian jurisprudence, from the perspective of criminal law, public administration and social psychology. The qualitative approach and the multiple case study technique with three propositions are used. It is shown that the superior’s deviation when issuing an order entails an ethical and legal dilemma for the subordinate official, who must analyze the content of the order because his decision has criminal consequences that lead to embezzlement. It is concluded that the lack of questioning of the officials against the orders received from their superiors configures the presumption of legality in such orders or the implementation of a common criminal objective between the superior and the subordinate.
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    The theory of duty offences and principle of legality
    (Jesus Barquin Universidad de Granada, 2024-01-01)
    The theory of offences of duty is proposed as a solution to delimitate the perpetration and participation in crimes whose typical structure presupposes a special duty for the agent. In these crimes, the control over the act don’t provide a clear and coherent solution, for that reason it’s necessary to use a new idea such as breach of duty to determinate the perpetration. This new approach has been accepted by an important sector of international doctrine and jurisprudence; however, there are important criticisms, so it’s necessary to clarify some aspects of theory. Among these criticisms, those linked to the principle of legality stand out, due to the legitimizing nature of this principle. In this paper, these criticisms are analyzed, and it is shown that they can’t support convincingly an incompatibility of the theory of duty crimes' postulates with the principle of legality.