La negociación incompatible como delito de corrupción: estructura típica y criterios de imputación

The paper defends a reconstruction of the wrongfulness of the so called “incompatible negotiation” under Chilean criminal law, which can be understood as an “abstract endangerment” offense against probity in the exercise of public service and thus constitutes a differentiated kind of criminal corruption. Upon a conception based on the so called “contractual metaphor”, the structure of the wrongdoing of the offense is analyzed, aiming towards its status as “special offense” as well as towards the precise definition of its wrongfulness core, which can be identified with the “interested” intervention of a public servant in a certain transaction or operation. In connection hereto, the specific conditions of subjective responsibility are reviewed, with regard both to mens rea and the awareness of unlawfulness.