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2007 Assessment

Ecuador: Integrity Indicators Scorecard

Ecuador: Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators		Score
70	Is there legislation criminalizing corruption?	89

Indicator and sub-Indicator Details

Is there legislation criminalizing corruption?

70a: In law, attempted corruption is illegal.

Score:

YES

Comments: The Penal code does not punish the attempt of bribe like a crime. Only if the attempt is materialized, the Penal Code sanctions it.

References: Article 285 and 286 Codigo Penal (Cohecho)

70b: In law, extortion is illegal.

Score:

YES

Comments: The Penal Code (Código Penal) classifies "extortion" as a crime.

References: Article 557, 558 and 559 "Código Penal ".

70c: In law, offering a bribe (i.e. active corruption) is illegal.

Score:

YES

Comments: It is considered as delineated in the penal code. These regulations specifically prohibit asking for or receiving money, favors, or gifts.

The National Constitution in its article 121 also classifies these acts as crimes.

References: National Constitution: Article 121 Article 285 Código Penal

70d: In law, receiving a bribe (i.e. passive corruption) is illegal.

Score:

YES

Comments: Asking for or receiving bribes are illegal acts and they are delineated in the penal code. These regulations specifically prohibit to ask for or to receive (bribe) money, favors, or gifts.

The National Constitution in its article 121 also classifies these acts as crimes.

References: Article 121 National Constitution Article 264 Penal Code Article 285 Penal Code

70e: In law, bribing a foreign official is illegal.

Score:

YES

Comments: Asking for or receiving bribes are illegal acts and they are detailed in the penal code.

References: Article 121 National Constitution Article 264 Penal Code Article 285 Penal Code

70f: In law, using public resources for private gain is illegal.

Score:

YES

Comments: This is considered a crime, according to both Article 121 of the National Constitution and Article 257 of the Penal Code. The last article defines this crime as the arbitrary disposition of public resources.

References: Article 121 National Constitution Article 257 Código Penal

70g: In law, using confidential state information for private gain is illegal.

Score:

YES

Comments: Nobody can take advantage about reserved information for private gains, this is considered like blackmail or extortion. This method of obtaining gains, can be considered illicit enrichment and is a crime sanctioned in the Penal Code.

References: Art. 18 de la Ley 2001-47, R.O. 422, 28-IX-2001, Código Penal.

70h: In law, money laundering is illegal.

Score:

YES

Comments: The "Law of Laundering Assets" (Ley de Lavado de activos) decrees that money laundering is a crime sanctioned with jail, because this offense can affect the economy and, therefore, other crimes like illicit enrichment.

References: Article 14, Ley de Lavado de activos.

70i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.

Score:

YES

Comments: The Penal Code, establishes as a crime the conspiracy, and by legal logic those who conspires to commit a crime. This includes the crime's author, accomplice or accessory after the fact.

References: Codigo Penal