Abstract

RINCON ANGARITA, Dubán. STATE CORRUPTION AND CAPTURE: THE CRIMINAL RESPONSIBILITY OF PUBLIC SERVANTS WHO TAKE PART IN ORGANIZED CRIME. Prolegómenos [online]. 2018, vol.21, n.42, pp.57-71. ISSN 0121-182X.  https://doi.org/10.18359/prole.2984.

One characteristic inherent in organized crime is a greater or lesser degree of state capture due to corruption. It may also occur that public servants are active members of criminal groups. In both types of public servants' involvement in organized crime activities, it is necessary to ask about the forms of criminal responsibility that may be incurred under the Colombian legal system by public servants who take part in organized crime activities. Thus, the main finding of this qualitative correlational study is that possible responsibilities can be grouped into three universes of cases: a) those dependent on the agent's capacity as public servant; b) those independent of such capacity; and c) the special case of conspiracy, which is cross-sectional to the two former groups.

Keywords : Conspiracy; corruption; crimes against public administration; criminal responsibility; organized crime; state capture.

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