La estafa en triángulo: análisis de sus elementos esenciales, la problemática en cuanto su tipificación en la legislación sustantiva penal en Ecuador y los efectos que de esta se derivan
This thesis project deals with various questions that arise around the called fraud triangle, that is, one in which the subject deceived and deponent, although without being the holder of certain assets, performs by deception and mistake a wrongful disposal of assets, which ultimately affects to a different subject, who is actually the owner of the affected assets. Specifically, a comparison between the traditional and fraud triangle components is done, the categorization or not of the fraud in triangle is analyzed on the law of Ecuador, the elements that must be met are analyzed and determined so that the unjust in question is constituted, and the type of relationship that should exist between the deceived-deponent and the affected assets is studied, so that it can be accepted that the former person performs the typical arrangement required by the triangular fraud. In effect, it is argued that in Ecuadorian law for completing the categorization of fraud triangle and punishing as a crime, this must be expressly stated in the criminal legal regulations in accordance with the principle of legality which implies that the criminal law is written, i.e. it must be exclusively positive law. That the criminal law is prior means that it cannot punish an act that it is not listed as a crime at the time of restraint and strict refers to the criminal law that should be exhaustive and provide certainty. So the criminal law should make a specific description of the act or omission that considers as a crime, so that there is no ambiguity that interferes with their knowledge and application; regarding the bond that should exist between the subject deceived-deponent and affected assets. We conclude that a special relationship is sufficient, in fact or in law, for settings to be considered fraud in triangle. Finally, recommendations are done in reference to the way the triangular fraud should be understood and treated in our criminal justice.