STRUCTURE AND LEGITIMIZATION OF THE CRIME OF COLLUSION AND IMPUNITY IN THE JUDICIAL DISTRICT OF HUÁNUCO

Abstract

The purpose of this study was to determine the factors that affect the legitimacy of the crime of collusion provided for in article 384 of the Peruvian Criminal Code in force, according to the political-criminal principles of the Peruvian State. The type of study is applied under a quantitative approach, correlational level, non-experimental, and cross-sectional design. The population consisted of prosecutorial files on the crime of collusion processed in the Judicial and Prosecutorial District of Huánuco. A questionnaire was used for data collection. The reliability of the instrument was measured through the judgment of five experts, which was supported by reliability statistics of 0.801. The results show that the regulation of the crime of collusion to date is only a sign of a desperate measure but not a real solution and curb acts of corruption committed in government procurement and contracting; therefore, it is concluded that this fact leads to impunity and distrust in the regulatory system of Peruvian public procurement.