Prosecution of the crime of embezzlement in the Ecuadorian procedural system and impunity against the public administration

Abstract

Introduction: Embezzlement has been a relevant problem since ancient times, affecting the efficiency and transparency of public administration. In Ecuador, this crime remains a significant threat, evidenced by recent cases such as the purchase of overpriced PCR tests in Quito, which caused serious economic damage and has not yet been sanctioned due to political interference in the judicial system. The lack of timely convictions reflects the impunity that affects the management of public resources. The general objective of the research was to determine how the prosecution of the crime of embezzlement in the Ecuadorian procedural system generates impunity against the public administration. Materials and methods: The methodology used included a quantitative and qualitative approach, using historical-legal methods, systematic review of documentation, and the inductive-deductive method. Interviews and surveys were also applied to specialists in Criminal Procedural Law and operators of the Ecuadorian judicial system to identify the causes of impunity in these cases. Results: Article 278 of the Comprehensive Organic Criminal Code needs to be reformed to improve the prosecution of the crime of embezzlement and reduce the levels of impunity. In addition, it was proposed to add economic sanctions that guarantee the full reparation of the appropriated public funds. Discussion: It was highlighted that, with an independent judicial system, free of political interference, the processes related to embezzlement could be more transparent and effective, guaranteeing the protection of public resources for vital areas such as health and education. Conclusions: After the crime of embezzlement, it was possible to determine that there is a hierarchical network of corruption to harm the public administration made up of judges, prosecutors, lawyers, and public servants involved in this crime, making it difficult to prosecute the crime of embezzlement in the Ecuadorian judicial system without achieving a conviction against those prosecuted due to their political and economic power in some specific cases where judicial operators have not been able to sentence the offenders and have ended up in impunity.