Analysis of the constituent elements of the crime of swindling, study, Spain and Ecuador.

Abstract

This investigation was carried out with the objective of analyzing each of the constitutive elements of the crime of fraud, from the comparison between Spain and Ecuador. Two media cases about this crime will be studied: the Afinsa case - Philatelic Forum in Spain and the Publifast case in Ecuador, which are related, due to the pyramid scheme with which they carried out the scam. The generalities of the Ponzi scheme will also be discussed. The research used the qualitative method, analyzing the Spanish and Ecuadorian legislation and jurisprudence. It was concluded that despite the fact that the elements of the crime of fraud are similar in both countries, in Ecuador there is not abundant jurisprudence about these elements, as there is in Spain.