DEFINITION

Corruption, in the current context, presents three singular aspects that make it
potentially harmful to the development of our incipient democratic societies.

First, there is a dangerous connection between the new organized crime and the
public administration. Although organized crime is not a completely new type of
crime, given that its structure doesn’t change the classical division between
criminals and law enforcers, it is their collusion with the state organs in charge of
their control and persecution. As Professor Winfried Hassemer points out, crime
would come to a paradoxical situation of having to fight itself.

Second, technological and industrial progress in fields such as banking or finance

allow new and covert forms of corruption that make it difficult to uncover and
persecute. For example, it can be seen in the millionaire bank transfers from public
funds, made by the figureheads of former presidential adviser Vladimiro
Montesinos, to private accounts in financial organizations located in tax havens,
which has greatly hindered their location and eventual repatriation.

Finally, globalization and the processes of supranational integration have led to the
configuration of a transnational form of crime with enormous capacity to
destabilize markets, as well as international corruption of public officials.

An example of this characteristic is the case, during the government of former

President Fujimori, of the purchase by the State of military or police weapons to
suppliers from foreign countries, which ended up "deviating" to the Revolutionary
Armed Forces of Colombia (FARC). This complex act of corruption ended up
involving two countries, besides Peru.

MAIN CORRUPTION CRIMES

Peculation

The figure of peculation is applied when the official or public servant appropriates
or uses in any way, for himself or for another, money or goods entrusted to him by
the condition of his position.

Collusion

According to the Royal Spanish Academy, to collude means to establish an illicit

agreement between two persons or organizations for the purpose of harming a
third party, in this case the State, whose equity is directly affected.
Incompatible negotiation or improper use of the position.

This crime is configured when the official or public servant is unduly interested,
for its own benefit or of a third party, of any contract or operation in which it
intervenes.

Embezzlement

An official or public servant incurs the crime of embezzlement when gives a

different application to money or property administered instead which they are
destined, affecting the service or function entrusted.

Active bribery

It involves the crime of active bribery who offers, gives or promises an official or
public servant a donation, promise, advantage or benefit. The counterpart of this
criminal figure is the passive bribery.

Passive bribery

This crime is known in colloquial terms as 'coima'. It occurs when an official or

public servant accepts, receives, requests or conditions his act upon delivery or
promise of donation or benefit from a citizen.

Concussion

It is configured when an official or public servant, abusing his position, compels or

induces a person to give or unduly promise, for himself or for another, a good or a
patrimonial benefit.

CRIMES OF CORRUPTION AND PROCEDURAL STAGES

The following information, provided by the Public Prosecutor's Office Specialized

in Crimes of Corruption, establishes that so far December 2016 there are 32 925
cases in progress at the national level. This figure could be even higher, since there
is a dark data of crimes that haven’t been known, and they aren’t being
investigated or sanctioned.
Source: Public Prosecutor's Office Specialized in Crimes of Corruption, Perú (2017)

CAUSES

Determine the causes of this phenomenon is really a task that would escape a
modest exposure such as the present one, however, various researchers have
raised some factors that condition the emergence and development of corruption:

 The absence of values in society, which explains the lack of clarity to

determine the right and wrong in the exercise of the public function.For
example, in the declarations of the political leader Luis Bedoya Reyes we
found when, regarding the criminal proceedings against her son, Bedoya de
Vivanco, for complicity in the crime of embezzlement carried out by
Vladimiro Montesinos, pointed out that his son had committed, in any case,
a sin, but not a crime.

 The political distribution of power in the public administration in a way

intolerablely concentrated, discretional and without transparent exercise of
itself. The innumerable secret supreme decrees issued can be cited as an
illustration by the government of former President Fujimori, by means of
which transfer funds from the Ministries of Defense and Interior to the
Service of National Intelligence. Precisely, a large part of these funds were
 used to "bribe" to multiple public officials (defector congressmen, judicial
magistrates, prosecutors and military officers) and businessmen (publicists
and owners of media) to keep them adhered to the shift regime, abdicating
of their essential duties of independence in the exercise of their functions.

 The conjuncture of an underdeveloped society that faces a period of growth

and modernization. This is the current situation that Peru is going through,
which is why we must keep a lot of attention and not relax the systems of
control over public spending.

 Social and political factors of historical origin (essentially from the

Virreinato) in Peru that have determined that public officials receive the
State as a booty to conquer and usable, regardless of the established rules.

 Finally, we have a unique aspect of the political development of our country

in the decade of the 90s which is about the authoritarian political system
imposed by the regime at that time and that engendered a marked level of
unprecedented political corruption in the country. From it gives account the
situation that went through the Judicial Branch, the Public Ministry, the
Congress of the Republic, the National Academy of the Magistracy, the Court
Constitutional, the press, among other state and private entities.

That concentration of power determined that corruption would advance to

levels that none of us imagined. That's why the importance of a system of
independent justice administration in the context of a democratic State that
needs to consolidate.

EFFECTS

Well, this generality and extent of corruption, as well as the new characteristics
that has been acquired in this last time, carry with it effects extremely serious in
the political, economic and social life of a country.

 In the political sphere, indeed, corruption influences political instability of

the states. Regime changes, to a greater or lesser extent, are explainable
from the observation of factors of previous corruption. And this
phenomenon brutally undermines the confidence of citizens in the regular
functioning of political institutions. This distrust precisely stops the
development of these institutions and broods situations that can determine
a explosive environment of social dissatisfaction.
 Finally, corruption also reproduces and consolidates social inequality,
perpetuates the inefficiency of the bureaucracy and, therefore, prevents
having an efficient public administration at the service of the satisfaction of
the rights of peruvians.

 Economically, specialists point to corruption as a factor in inefficiency and

waste in the use of resources and in the implementation of public policies.
In effect, when the bribe becomes in current practice, government contracts,
concessions, bids, privatizations aren’t awarded to the most efficient and
professional bidders, but to who have better contacts and lack scruples.
This, obviously, it harms the interests of the State and therefore the
interests of all citizens. Likewise, corruption leads that the redistribution of
wealth is reassigned to favor of who hold some form of monopoly power,
such as, sectors with greater purchasing power, to the damage of the least
favored ones and to which public funds are generally allocated. Likewise,
some econometric studies indicate that there is a "correlation" negative
between growth and high levels of corruption", which means that a higher
levels of corruption will be lower rates of economic growth from a country.

 But the most serious effect, is the corruption undermines one of the
necessary conditions of life in society: the reciprocal trust between citizens
and the community, due to the unpredictable behavior between them. This
feeling of distrust in the institutions and between the own citizens bankrupt
the bases of the social contract taking us to a climate of anomie and social
destructuring.

As Díez Picazo points out, "it’s true that the rulers don’t embody the State as
a whole and it’s also true that specific cases of governmental criminality
they don’t turn the State into a criminal organization; but it’s
unquestionably true that the rulers are organs of the State, and above all
that they represent the visible image of it. The conclusion is obvious:
governmental criminality tends to blur the equation between State and
legality and, therefore, tends to delegitimize the State before the citizens ".

Of plane, all this panorama of causes and effects that we have exposed
shows us a phenomenon whose repression goes beyond its purely criminal
legal treatment and it also requires paying attention to other types of
policies of an extralegal nature or extrapenal
However, before entering into a review of all these policies, we believe that
we need to share some positive comparative experiences of fighting
corruption.
RECOMMENDATIONS TO IMPROVE TRANSPARENCY PORTALS

 Comply with locating the magnifying glass icon with the Transparency
Portal title on the upper side right of the web page of each entity.

 Maintain the link to the Single Text of Administrative Procedures (TUPA)

and its standard approval, as well as the standard transparency portal
(PTE), when the entity changes their website.

 Publish complete and updated information in each of the thematic

classifiers of the PTE.

 Use notices of disclosure to inform that the entity has not produced
information in a particular month or period or to briefly explain the reasons
why it is not diffuses certain information.

 Use standard PTE formats for the dissemination of information, mainly in

the areas of personnel information, contracting information and
registration of visits to officials. Also, when using files in PDF format or
similar, they must be readable, friendly and of a size that facilitates its
download.

 Implement search engines to quickly locate the rules issued by the entity.

 Continuously review the operation of the PTE, as well as their respective

links.

 Locate the information in the corresponding items according to current

legislation, mainly the sworn statements, the annual plan and the
participatory budget.

 Review the internal procedures to achieve a better articulation between the

units of the entity that own or produce information and the person
responsible for the PTE.

 Maximize the use of institutional pages to disseminate useful information

for citizens, and review the operation of the communication link with
citizens.
THE PLANNING OF THE ANTI-CORRUPTION POLICY IN THE STATE

To the General Coordination of CAN Anti-Corruption

 Form a technical team that assists the sectors in the process of preparing
their sectoral anticorruption plans.

 Design a work plan coordinated with the sectors, to train them and monitor
the implementation of its anti-corruption plans.

 Establish a baseline of indicators that allow the evaluation of results,

objectives and main strategies of the National Anti-Corruption Policy.

 Prepare a mandatory compliance manual that develops the information

contained in the guidelines for the preparation of anti-corruption plans.

 Review sectoral anticorruption plans before approval, to monitor aspects

planning technicians and anti-corruption strategies.

To the Ministries of the Executive Power

 Implement anti-corruption offices responsible for designing and

coordinating the fight policies against the corruption of the sector.

 Form special commissions to direct the process of formulating sectoral

plans anti-corruption.

 Conduct studies of the sector, identifying the areas of greatest risk, as well
as the factors of the corruption.

 Enter in the POI all the activities of the anti-corruption plan, in order to
ensure the budget and the adequate monitoring and monitoring of those.

 Publish the monitoring and monitoring reports every six months, so that
the citizens know the anti-corruption work of each sector.
PROPOSALS SUBMITTED BY THE OMBUDSMAN'S OFFICE IN THE FIGHT AGAINST
CORRUPTION

 Elaborate a norm that forces to declare the possible conflict of interest of

the high officials of the State.

 Protect the whistleblower and encourage the reporting of acts of corruption.

 Sanction the breach of the Law of Transparency and Access to Public

Information.

 Implement a standard that establishes criteria for appointment,

appointment and removal of advisers to the president, as well as senior
state officials.

 Have a specialized unit to identify patterns of corruption.

 Regulate the management of Interests in public administration, repealing

Law No. 28024.

 Establish transparency in defense spending.

 CONCLUSIONS

 Corruption has a pernicious effect, often devastating on administrative

performance and economic and political development as seen in the cases
mentioned.

 Corruption is inherent in systems built on poverty, therefore the state must

assign the resources it controls, but when this state is poor, it prioritizes in
such assignment personal criteria, supporters and so on.

 Corruption can be reduced if there are several offices that have the same
competence, since who need those licenses can go to other officials in the
event that the first one refuses their request.

 Nowadays, society has become an accomplice to corruption, so we must be

aware of our smallest acts and improve as citiziens to reduce corruption in
our country little by little.