Fundamentos de la responsabilidad penal de las personas jurídicas a partir del Código Orgánico Integral Penal.

Abstract

This research presents the theoretical-doctrinal, legal-normative and jurisprudential foundations of the criminal liability of legal persons as of the validity of the Comprehensive Organic Penal Code. The new regulations typify criminal behavior not only against the legal representatives or attorneys of the legal entities but against them directly, thus modernizing the Ecuadorian criminal legal system and leaving without effect the old aphorism societas delinquere non potest. The general objective is to analyze the normative limitations of the Ecuadorian criminal legislation regarding the criminal liability of legal persons. Within the methodology used in this work were applied as theoretical methods, the historical-legal method, the legaldoctrinal method and the legal-compared method; as well as the method of content analysis as an empirical method. As a scientific novelty the theoretical foundation is presented regarding the regulation of criminal behaviors that the current norm establishes for legal persons and as a practical contribution a legislative innovation is proposed that allows to include more criminally relevant conducts in which the legal persons that can adapt to the Ecuadorian reality solving the legal gaps that currently exist..