Publicación:

Responsabilidad penal de los interventores en el contrato de obra pública

Resumen

The present investigation that refers to the criminal liability of the intervenors in the public works contract, aims to determine the criminal liability of the public works inspectors; likewise, indicate the conceptualization of the public works contract, review the role of the auditor in it and determine the criminal responsibility of the auditor for action or omission of the public contract. In addition to this, the present investigative work reflects the problem consisting of the need to exercise greater control in the various stages of the contract, there are no specific parameters that widely dominate the supervision of contracts, there is evidence of a lack of knowledge of the existing regulations , lack of regulations that regulate the suitability of officials and contractors, just as risks are constantly generated in the supervision of contractual procedures, likewise there are some cases of non-responsibility of officials and contractors to whom said responsibility is delegated. Indeed, these causes generate the following effects: it limits contractual supervision in the contract procedure, generating risks of criminal actions, and in turn hinders a rigorous analysis in contractual supervision for public entities and therefore does not allow less supervision in all the phases of the contract. The methodology used presented a qualitative approach and descriptive research and a dialectical method, as an instrument of knowledge and transformation, framed in the sciences of the general laws of the development of facts and concrete phenomena. The main findings allowed to argue regarding the public works contract, to review the role of the inspector and to determine his responsibility.