La responsabilidad penal de las personas jurídicas en el estado ecuatoriano.

Abstract

This research has as its central theme the criminal responsibility of legal persons in the Ecuadorian State, where the main objective is aimed at a reform of the Comprehensive Organic Criminal Code in its article 49, as a mitigating factor in defense of legal persons of private law against a determination of criminal responsibility. For this, various doctrines and regulations that regulate the exercise of business activities based on crimes committed under the figure of a legal person were taken into account. In this sense, the research is developed according to a methodology with a qualitative approach and the use of analysis and synthesis, legal historical, legal doctrinal and interview systematization methods. Consequently, the problem detected with respect to the application of sanctions aimed at natural persons acting under the shadow of a legal entity was addressed, which leads to determining a deficiency in the way of presenting article 49 of the Comprehensive Organic Criminal Code, where the adaptation is proposed in the third paragraph in order to incorporate a compliance program that allows controlling the financial activities carried out by companies operating in the Ecuadorian environment. In this way, it is concluded on the relevance of implementing said reform for the improvement of criminal processes and effective compliance with due process in matters of prevention of crimes committed by legal persons.