El delito de administración desleal en Colombia desde una perspectiva societaria

The offence of disloyal administration, established by Article 250B of the Colombian Penal Code, was created as an instrument to combat corruption in the private sector. The Colombian legislator was inspired by the Spanish legal system to criminalize the act of the administrator who, abusing his or...

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Bibliographic Details
Main Author: Pantoja Ruíz, Juan Pablo
Format: Article
Language:Spanish
Published: 2021
Subjects:
Derecho penal
derecho societario
administración desleal
acción social de responsabilidad
conflicto de interés
derecho penal económico
deberes fiduciarios
lealtad
abuso de sus funciones
administrador
Judgment Rule
criminal law
corporate law
disloyal administration
social action of liability
conflicts of interest
economic criminal law
fiduciary duties
loyalty
abuse of office
Business Judgment Rule
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8761491
Source:Nuevo Foro Penal, ISSN 0120-8179, null 17, Nº. 97, 2021 (Ejemplar dedicado a: Nuevo Foro Penal), pags. 99-139
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El delito de administración desleal en Colombia desde una perspectiva societaria
Summary: The offence of disloyal administration, established by Article 250B of the Colombian Penal Code, was created as an instrument to combat corruption in the private sector. The Colombian legislator was inspired by the Spanish legal system to criminalize the act of the administrator who, abusing his or her functions, disposes of company assets or incurs contractual commitments at the company's expense, causing an economically assessable damage. However, to understand when the administrator acts outside his functions and abuses them requires a closer look at company law, which originally regulates the duties of administrators. This paper studies this relationship between criminal law and corporate law to seek to give content to the crime of unfair administration under the theory of the fiduciary duties of the administrator in Colombia. After this, he studies the particularities of the type of unfair administration, pointing out that its wording could be improved, since the promoters of companies in formation were not included, the damage should be predicated on the company and not on its partners, and any administrator who acts for a benefit other than that of the company also abuses the functions of his or her position. Finally, some general conclusions are presented. 

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