Contrato sin observancia de los requisitos legales

Abstract

One of the great scourges that threatens the correct public administration, is to a great extent the lack of ethics of some public officials, who in their improper actions have distorted the public function, breaking their duty, which is, to ensure the benefit of the common interest, for this, this article aims to describe the modifications that had the crime of contract without compliance with legal requirements which relates to infringement of the principle of legality, as the normative content ; specifically in the stages of state contracts in which you can configure the offense , because it has been determined on the basis of national jurisprudence, the unusualness of this behavior in the implementation phase of state contracts , cycle that can easily I attend the offense of undue interest in the conclusion of contracts , understood as the diversion of power by the desire to promote personal interests or others. The research is supported by doctrinal concepts and jurisprudence on the subject, at the conclusion thereof, shall be verified once the criminal conduct thoroughly examine all aspects , not only be committing the crime of undue interest in holding contracts in the implementation phase of those entered into by state agencies , but also the crime of contract without compliance with legal requirements , requiring a fundamental change of the rule from the legislature to determine the commission of the offense in the contractual stage , adding regulatory ingredient necessary for this criminal offense to reach a positive conclusion.