¿Debe tipificarse la corrupción privada en Ecuador? Análisis comparado del delito de corrupción en los negocios en España y de las normas del derecho de la competencia (Tema Central)

This article purpose is to analyze a widespread behavior within the world of business: private acts of corruption, also known as bribery in the corporate world. In general, we tend to focus our discussions with regard to public corruption,2 and we tend to be as rigid as we can with it, but contrary to this very little is usually done when it comes to only private corruption. Therefore, in this essay I will try to explain the Laws of Spain and Ecuador with regard to this matter, and I will try to illustrate the intimate and close relationship between corruption as a criminal offence and Antitrust Law. In that sense, I will explore precedents and leading cases from all over the world, the different types of offences and, finally, from the perspective of spanish unlawful act. I will set out my point of view with regard to which I consider the best way to deal with this matter, and lastly, I shall try to respond whether this kind of behaviors should be subjected to punishment by criminal law.El presente artículo pretende revisar una conducta muy desarrollada y habitual en el mundo empresarial: la corrupción privada, también conocida como el soborno entre particulares. En general, se debate y se intenta ser lo más rígido posible en todas las cuestiones vinculadas a la llamada corrupción pública,1 pero poco se combate a la corrupción que únicamente se produce entre privados. Se intentará exhibir cómo son las legislaciones de España y Ecuador en relación a esta temática, y se mostrará la íntima y estrecha relación que existe entre la figura penal y el Derecho de defensa de la competencia. Se repasarán los antecedentes internacionales sobre la materia, los distintos modelos de injusto existentes, y, finalmente, a partir del tipo penal español, se señalará la mejor manera de tratar esta cuestión, y respecto a si el Derecho penal se encuentra legitimado para penar estas conductas

Reducing the environmental impact of surgery on a global scale: systematic review and co-prioritization with healthcare workers in 132 countries

Abstract Background Healthcare cannot achieve net-zero carbon without addressing operating theatres. The aim of this study was to prioritize feasible interventions to reduce the environmental impact of operating theatres. Methods This study adopted a four-phase Delphi consensus co-prioritization methodology. In phase 1, a systematic review of published interventions and global consultation of perioperative healthcare professionals were used to longlist interventions. In phase 2, iterative thematic analysis consolidated comparable interventions into a shortlist. In phase 3, the shortlist was co-prioritized based on patient and clinician views on acceptability, feasibility, and safety. In phase 4, ranked lists of interventions were presented by their relevance to high-income countries and low–middle-income countries. Results In phase 1, 43 interventions were identified, which had low uptake in practice according to 3042 professionals globally. In phase 2, a shortlist of 15 intervention domains was generated. In phase 3, interventions were deemed acceptable for more than 90 per cent of patients except for reducing general anaesthesia (84 per cent) and re-sterilization of ‘single-use’ consumables (86 per cent). In phase 4, the top three shortlisted interventions for high-income countries were: introducing recycling; reducing use of anaesthetic gases; and appropriate clinical waste processing. In phase 4, the top three shortlisted interventions for low–middle-income countries were: introducing reusable surgical devices; reducing use of consumables; and reducing the use of general anaesthesia. Conclusion This is a step toward environmentally sustainable operating environments with actionable interventions applicable to both high– and low–middle–income countries

Delayed colorectal cancer care during covid-19 pandemic (decor-19). Global perspective from an international survey

Background The widespread nature of coronavirus disease 2019 (COVID-19) has been unprecedented. We sought to analyze its global impact with a survey on colorectal cancer (CRC) care during the pandemic. Methods The impact of COVID-19 on preoperative assessment, elective surgery, and postoperative management of CRC patients was explored by a 35-item survey, which was distributed worldwide to members of surgical societies with an interest in CRC care. Respondents were divided into two comparator groups: 1) ‘delay’ group: CRC care affected by the pandemic; 2) ‘no delay’ group: unaltered CRC practice. Results A total of 1,051 respondents from 84 countries completed the survey. No substantial differences in demographics were found between the ‘delay’ (745, 70.9%) and ‘no delay’ (306, 29.1%) groups. Suspension of multidisciplinary team meetings, staff members quarantined or relocated to COVID-19 units, units fully dedicated to COVID-19 care, personal protective equipment not readily available were factors significantly associated to delays in endoscopy, radiology, surgery, histopathology and prolonged chemoradiation therapy-to-surgery intervals. In the ‘delay’ group, 48.9% of respondents reported a change in the initial surgical plan and 26.3% reported a shift from elective to urgent operations. Recovery of CRC care was associated with the status of the outbreak. Practicing in COVID-free units, no change in operative slots and staff members not relocated to COVID-19 units were statistically associated with unaltered CRC care in the ‘no delay’ group, while the geographical distribution was not. Conclusions Global changes in diagnostic and therapeutic CRC practices were evident. Changes were associated with differences in health-care delivery systems, hospital’s preparedness, resources availability, and local COVID-19 prevalence rather than geographical factors. Strategic planning is required to optimize CRC care