La evasión como delito de infracción del deber en el código orgánico integral penal

Abstract

The evasion regulated in the Comprehensive Organic Criminal Code is a crime that, unlike what happens in legislations such as Argentina and Peru, in a single article it includes its various modalities; that is to say, in the same norm –Art. 274– regulates the favoring for fraudulent or culpable evasion; favors for evasion due to infringement of the duty of a public official; and, the fraudulent evasion of the prisoner with a firm conviction or with precautionary measure. In the warned panorama, the present work that deals with the analysis of the crime of evasion, has as objective to reflect, from the doctrinal postulates, the infraction of duty in the categorization of the criminal type of evasion regulated in the COIP. After using a documentary, qualitative, descriptive and explanatory methodology, supported by systematic, dogmatic, analytical, comparative methods, it was concluded that the behavior of the perpetrator of the crime of favoring evasion due to breach of duty, did not It is another than the violation or breach of the duties of surveillance that the prison guide-public official has with respect to those deprived of liberty.