La responsabilidad jurídica de las empresas : la carencia del compliance penal en el Ecuador.

Abstract

We know that a very interesting topic is the question of the criminal responsibility of the companies since before it was firmly believed that the only subject of law par excellence was the human being and as such, he had to respond civilly, administratively and criminally for his actions. However, today, as we will see in our Comprehensive Criminal Organic Code within Title I, Chapter V tells us about legal persons as a fictitious entity that acquires this responsibility within Criminal Law, but still this issue is not well regulated in our legislation, there are many legal gaps left by our criminal regulations. And it is here that it is under the magnifying glass of compliance programs or its name in English compliance that is essentially we will see how these affected mechanisms can be implemented and executed by companies for crime prevention. So a compliance program within companies must be aimed at respecting ethical and legal values, which would be fundamentally done based on Ecuadorian regulations, by controlling compliance programs so that they are really safe, and its periodic review by the autonomous bodies of the company through a system of incentives for workers to denounce acts of corruption within the legal entity. Therefore, it would be feasible for our Ecuadorian regulations to have a more viable criminal regulation that works in harmony with successful compliance programs.