Delito de celebración de contrato sin el cumplimiento de requisitos legales esenciales y problemas de imputación penal en los eventos de convenios interadministrativos

Abstract

The present will have as a general frame of reference the case known in the media, related to the contractual processes of the Hidroituango megaproject. In particular, the problem related to the signing of a contract called BOOMT will be analyzed, which, in accordance with the public information disclosed by the Attorney General's Office, was maintained between two public entities, which, was also preceded by an inter-administrative agreement between two public entities that are partners in the mentioned project and also different legal entities from those that later signed the BOOMT.

The narrated facts have led the Prosecutor's Office to consider that in this case, when the contract was signed as indicated, was committed the crime of signing a contract without compliance with essential legal requirements, contained in the article 410 of the Colombian crime code.

In light of what was exposed above, we commit to carry out an analysis of the administrative laws that regulate public contracting and the domiciliary public service companies regime. From this regulatory rules compound, and based on the analysis of doctrine and jurisprudence, we will propose a deliberation to the problems of the criminal charges mentioned.