Embezzlement and material reparation in Ecuador

Abstract

The evolutionary theory of the notion and foundation of harmfulness in embezzlement has varied over time, initially affecting the treasury; later, this oscillated to the fidelity of fulfillment of the functions of public servants and dignitaries. The purpose of this work, from the legal and administrative perspectives, is to integrate a holistic vision on the crime of embezzlement, reproach, its harmful effects and damage as a substantial basis for comprehensive reparation. Therefore, the participation of the intraneus and extraneous was analyzed based on the typical description and the communicability condition imposed by the article 233 of the Constitution of the Republic of Ecuador. The damage of this behavior is not always patrimonial, having an impact on the planning, the institutional budget, the fulfillment of its purposes and the realization of the population's rights.  Thus, material reparation must be proven in court as well as crime, responsibility and effectiveness of the execution of material reparation and its intensity, whether arithmetic or geometric.