Abstract

RUSCA, Bruno. Passive Bribery as a Breach of Public Official's Loyalty. Rev. Derecho [online]. 2023, n.28, e3252.  Epub Dec 01, 2023. ISSN 1510-3714.  https://doi.org/10.22235/rd28.3257.

This work puts forth a defense of the theory that passive bribery constitutes a breach of loyalty by a public official. To begin with, we examine two distinct viewpoints on the issue, developed within the context of continental Europe. In comparison to these proposals, the theory of disloyalty not only comprehensively elucidates why passive bribery represents an especially reprehensible behavior but also provides parameters for distinguishing it from other offenses that public officials may commit. Finally, we delve into the implications of the criminal policy that stem from the advocated theory, particularly the guidelines that should guide penal legislation regarding passive bribery.

Keywords : passive bribery; unlawfulness; disloyalty; criminal policy.

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