Diversion of public funds: dogmatic and political-criminal aspects

Abstract

Within the framework of the criminal law, this paper looks at the diversion of public funds as a crime included in Art. 236 of the Chilean CP [Criminal Code]. After analytically examining the content of this legal provision, the author shows the way in which comparative law faces the issue, and it critically presents the reasons generally invoked as arguments favoring this crime. In the conclusion, it is suggested that, from a political-criminal perspective, there is no reason to justify the incorporation of this offense into the CP, and that there are far more efficient administrative mechanisms that can be employed to prevent this offense from being carried out.