Authorship and participation in the infringement of duty: a special reference to the bribery crime

Abstract

In this article, the complex and controversial issue of criminal authorship and participation will be studied, which apparently has already been solved with the appearance of the domain theory. However, this theory has been questioned about its application in certain crimes, which by virtue of the principle of legality, require a special quality from their author. These types of unjust are called "special crimes" that have their own dogmatic construction and are based on the violation of a special duty of their author. Therefore, the crime of bribery will be dogmatically analyzed in this sense, contrasting it with the crimes of the infringement of duty, and its basis in Ecuadorian legislation. In addition, other specific problems presented by these types of crimes will be studied.