Columsion – SpeedyLook encyclopedia

Collusion comes from the Latin word collusion , Agreement through which it is intended to achieve some benefit at the expense of a third party, using fraudulent means.

A collusion It is an agreement between two or more parties to limit competition. This is done secretly or illegally, cheating others on their legal rights, either to obtain a objective prohibited by law or to obtain an unfair advantage in the market. The most common agreements are produced to divide a market, establish prices, limit production or limit opportunities. ^{[ first ]} ​

In economics, the agreement is called that two or more companies in a given market define that each will act in a concerted manner with respect to the rest of the other companies. The end of this type of agreements is that each of the companies participating in the collusion takes control of a certain portion of the market in which they operate, and act consistently in the country with something called monopoly, preventing other companies from entering the market.

According to the Bertrand competition model, if the collusion is broken, a price drop is started, until Nash balance in the perfect competition point.

Psychology [ To edit ]

Analyzing Paul Watzlawick’s theory of human communication, the term is used to indicate the situation in which a person must look for another that with his way of being possible and ratifies his own way of being.

With this we want to indicate a subtle arrange It is believed to be. ^{[ 2 ]} As all collusion necessarily presupposes that the other has to be exactly as one as one wants, it inevitably flows into a paradox […] This is the paradox of the rare spontaneity imposed. It consists of the impossibility of acting spontaneously under the desire or imposition of the person or third party, since both attitudes are opposite not being able to give one at the same time as the other. ^{[ 3 ]} ​

For collusion law it is “agreement or contract made between two or more people in a clandestine form, in order to disappoint or harm someone.” It is here a synonym for the term agreement and consists of agreeing surreptitiously with those interested in what the law does not allow. This agreement is in principle lawful, because that is precisely to the function of the official: it must initiate treatments and reach agreements with the private contractors. But in doing so he must defend the interests of the public administration. Therefore, to be undue and criminally relevant, this “collusion” must contain the fraud element.

Objective typicity [ To edit ]

As for the objective typicity of the crime of collusion, it can be affirmed that there are three conforming elements of this type:

• Active subject: The active subject of the crime will be the public official with the ability to influence the hiring process, it is not necessary that you have powers to sign the contract or belong to the Selection Committee.
• Concertación: The Concertación is the Illicit Collusory Agreement between the public official and the interested party. This agreement is carried out in a malicious way and has an illicit character and is aimed at defrauding the State.
• State contracting context: Public hiring is carried out within the framework of any type of operation, administrative or civil contract that has economic nature with state participation. It is not necessary to be governed by the State Contracting Law.

In order to consider fraud the action of a public official in the conclusion or execution of a contract with an individual, it is necessary that the imposition of less advantageous contractual conditions for the State that could have been achieved at that time through A negotiation work, these conditions could be for example: to raise the price of private consideration, accept lower quality goods, omit penalty collection, agree and collect illegal commissions for the award of the good Pro.

Protected legal good [ To edit ]

As in all crimes against public administration, the protected legal good is the normal and straight functioning of the public administration that is material manifestation of the State. While the specific or particular protected legal good is the regularity, prestige and patrimonial interests of the public administration, expressed in the suitability and professional zeal in the fulfillment of the functional obligations by the officials or public servants.
The official or public servant who, due to his position, has to do with the state heritage has the special obligation to precautionary and protect it and only use it for the benefit of the State itself. Otherwise, if it takes advantage of such a position to obtain personal or third benefit to the detriment of the state heritage, it infringes its functional duty and, therefore, it is liable to be charged with the crime of collusion either in its simple or aggravated modality.

References [ To edit ]

See also [ To edit ]