Falta de responsabilidad penal empresarial ante una incorrecta forma de llevar la seguridad industrial y salud ocupacional en Ecuador.

Abstract

Ecuador has undergone several changes in its legal system in recent years, including the new integrated comprehensive criminal code, which brings something very feasible that had not been regulated criminally, that is, legal entities. Now incorporated the criminal type in our order on the criminal responsibility of the legal person, it is clear that it is very vague, is not very extensive, and could be avoided this corporate responsibility in several ways, among those constitutional principles, or principles in matters Criminal, which will seek the non-criminal responsibility of a legal person, rather a civil liability, or an out-of-court settlement, leaving in impunity several intentional or culpable results due to the lack of scope in this criminal business matter. That is why the need to find or find the right structure to solve these business problems has given way to new branches of criminal law, among them, business criminal law, because it not only analyzes the situation of the company as a legal entity, but it individualizes the approach made by its partners, managers or those who exercise authority in the company. The themes that are projected in this investigation are fearful that reach amplitude in other countries not only developed but also in development, reason why the delay in specific subjects in criminal matter is remarkable. To speak of the lack of industrial safety and occupational health applied in companies with duress is what this research is about.