Reception as a subsequent act to the request in the crime of passive bribery

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.

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Publication Details

Journal
Minerva
Published
2025-07-13
DOI
https://doi.org/10.47460/minerva.v6i17.211
Primary Topic
Ombudsman and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Reception as a subsequent act to the request in the crime of passive bribery

Eveling Maria de las Nieves Mendoza Eustaquio
Minerva
Ombudsman and Human Rights
article

Reception as a subsequent act to the request in the crime of passive bribery

Eveling Maria de las Nieves Mendoza Eustaquio
article en

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.

MinervaVol. 6(17)
Antenor Orrego Private University (PE)
Openalex Percentile: Top 77%
Ombudsman and Human Rights
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