Análisis de la responsabilidad penal de las personas jurídicas.

Abstract

In Ecuador, currently not only natural persons are responsible for criminal action, but also in our Comprehensive Organic Criminal Code, legal persons appear responsible, this is novel because in our daily exercise it has become clear that we are the people who act and therefore the only responsible. The simple grouping does not grant legal personality, the legal norm for the attribution of rights and obligations is necessary. Currently, the Company Statutes contain the rights and obligations of those who make up the legal entity, which have been previously approved by the Regulatory Institution. Globally there are people dedicated to illegal activities, whose façade is a lawful company, the State fails to detect them due to low technology or lack of trained human resources. When natural persons decide to form a legal person, they are faced with what is determined by COIP and the criminal responsibility of the legal person disintegrates the elements of the traditional theory of crime. It is difficult to determine when the legal person is responsible for the crime, because as we know it is the natural persons who act in their own name or that of another. The criminal responsibility of the legal entity is recent in our legislation and presents similarities with the legislation in other countries and even the penalties for crimes committed by legal entities.