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A Tool for Strengthening Oversight and Territorial Democratic Governance
constitution, laws, judicial decisions and administrative acts” (Article
277 of the constitution). To ensure adherence, the PGN primarily
performs disciplinary functions (sanctions) and preventative functions
(warnings). But which regulations should be enforced? Given that the
National Procurator, Alejandro Ordoñez Maldonado, prioritized the
fight against corruption
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within the strategic plan of the PGN, this
was taken as a starting point for the analysis on the issue.
Using the triangle of corruption (figure 1) as a reference, three
determining factors for the occurrence of an act of corruption were
identified. The
pressure
factor consists of those incentives that influence
an employee to commit corruption; for example, bribes coming from
the private sector or debts or financial commitments that an employee
incurs. The
rationality
factor accounts for those ethical standards held
by the employee that in a moment of reflection allows them to reject
any inappropriate activity (e.g. receiving a bribe). The opportunity
factor refers to the likelihood of committing an act of corruption given
a lack of transparency and control mechanisms.
Figure 1: Triangle of Corruption
Source: Fraud triangle model developed by criminologist Donald Cressey
•
Weak internal or external
organizational controls
- Little transparency
- Disorganization of information
- Lack of processes and
procedures
- Excessive confidence in the
workers
- Low demand for accountability
- Little or weak supervision
• Internal pressure
: Greed, need to
live a certain lifestyle or to respond to
certain financial difficulties.
• External pressure
: Incentives,
motivation, or compensation which are
the result of agreements or threats.
Opportunity
Rationality
Pressure
• Attitudes that make the individual
think that what he/she is doing is
acceptable (low ethical standards)
:
- “It’s only temporary”
- “Everyone does it”
- “I’m only following orders”
- “I deserve it”
- “They pay me so little that it is
only fair”