Reflexiones marginales sobre la corrupción

Abstract

Corruption, as a criminal phenomenon foreseen and punished in criminal laws, is not new; it is a historic social and political phenomenon. However, it causes a great concern. The reason is that corruption (the kind taking place in the public, as well as in the private sector, and its increasingly tight bond) is a danger that, by repetition, becomes systemic. Systematic corruption is invulnerable to eradication, and it endangers the essence of today's society. To fight this gnawing curse which consumes human, social and economic resources in a disproportionate share, it is therefore necessary to adopt a comprehensive political-criminal approach. Here, I argue that it is not necessary to define new offenses –something relatively simple to do; on the contrary, what matters is that the bodies involved in its fight address this problem overtly. Hence, in addition to the political willingness and to the enforcement of the prosecution bodies (preventive strategies); it is required to undertake an adaptation, reformulation and renewal of the repressive means with which we already count on (reactive strategy). In this way, the penalties imposed will be effective and, therefore, deterrent; and, hence, they will be able to cancel the effects of corruption. This task is far from being a fact, and it requires being implemented as soon as possible.