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tesis de maestría
The investigation addresses how the omissions of public officials can justify the crime of collusion, using the rules of objective imputation. The investigation is justified by the need to understand how the violation of criminal legal duty, through these rules, serves as support for the crime of collusion by commission by omission. One of the main objectives is to evaluate the theory that is responsible for the study of the violation of criminal legal duty with the crime of collusion, as well as to apply the rules of objective imputation and substantiate the omissive modality of the crime. The study uses a qualitative approach, analyzing cases and legal literature, to conclude that collusion by omission is based on the violation of a legal-criminal duty, related to the position of guarantor, which suggests the obligation to control or supervise the stability of the sources of risk for t...