Review of the Instrumental Nature of Influence Peddling as a Crime | ESTUDIO CRÍTICO SOBRE EL CARÁCTER INSTRUMENTAL EN EL DELITO DE TRÁFICO DE INFLUENCIA

Abstract

This scientific article studies public corruption, but from a specific point of view, the acts of preparation valued as criminal. It is stated that, within the group of preparatory crimes, it is possible to refer to a subgroup of norms that sanction processes or techniques aimed at the realization of crimes (acts of influence). For this purpose, we analyze influence peddling as a crime and demonstrate the preparatory or instrumental nature of this rule, which we consider as a link figure for the commission of other crimes that affect the interests of the Public Administration and other sectors. From this point of view, it is deemed necessary to separate and review some issues such as the protected legal right in the crime of influence peddling, the relevant behavior, and the preparatory structure of the rule.