Year: 2025
Type: article
Abstract: In this work, the receipt of the gift or promise is analyzed as a subsequent event that can be considered as a result of the request in the crime of passive bribery. From a dogmatic and jurisprudential perspective, it is examined whether such reception constitutes a consummative phase of the crime or whether, on the contrary, it can be considered an independent conduct that aggravates the criminal liability of the public official. The research is based on the analysis of the applicable criminal regulations, as well as the doctrinal criteria that interpret the link between the request and the receipt of the benefit. Likewise, relevant judicial precedents are reviewed that allow the scope of punishment in these cases to be delimited. It is concluded that, under certain assumptions, the subsequent reception can integrate the criminal type as an expression of criminal continuity, generating relevant implications for the legal classification and the determination of the penalty.
Source: Minerva
Institution: Antenor Orrego Private University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412371475