Análisis del Art. 320.1 del Código Orgánico Integral Penal : actos de corrupción en el sector privado.

Abstract

The purpose of this thesis is to expose the shortcomings of the legislative technique of the criminal offense Art. 320.1. acts of corruption in the private sector, regulated in the Organic Integral Penal Code of Ecuador, as well as to determine the coherence with certain constitutional principles. The importance of analyzing the article, lies in the novelty of the type, in its application, and its consequences, since it is a crime that has no antecedents in our legal system, it generates confusion at the time of its application. The extension of the article, and its diffuse wording, breaks the principle of legal certainty enshrined in the Constitution of the Republic of Ecuador, and of the characteristics that a criminal offense should have in its wording: the possibility that with the literal interpretation its content and limit are known without ambiguities; therefore, a poorly drafted criminal offense constitutes an obstruction at the time of its application, as well as a confusion, not only for the procedural subjects, but also for the operator of justice.