Compliance penal como atenuante en la responsabilidad penal de las personas jurídicas.

Abstract

Background: Compliance program or Compliance program in the mitigation of criminal liability of legal persons, with a minimum of requirements therefore requires an effective model designed for the control and prevention of crimes. The objective: to demonstrate that the minimum requirements contemplated in article 49 of the COIP for the mitigation of the criminal responsibility of the legal person require a guide of standardized guidelines for an effective model of criminal Compliance. Methodology: it is achieved with the bibliographic methodological application, through meta-analysis, with an exploratory, descriptive and explanatory approach, and based on a comparative legal analysis. Result: despite being a figure currently recognized by Ecuador, we are faced with a minimum regulation of implementation programs and/or compliance, prevention, management and supervision policies as mitigation elements for the legal person, with only eleven numerals as a guide. for the compliance program. Conclusion: support the need to include a guide of standardized guidelines that provide a clear and coherent framework to achieve an effective model of prevention, detection and reporting of criminal risks, in which self-regulation models such as Chile, Spain can be considered. o Argentina, which, in addition to implementing the attenuation of the legal person, has provided the necessary elements through guides or regulations that allow an effective model of the compliance program, guaranteeing the status of procedural subject, the legal person must have the necessary elements for its defense and achieve the attenuation of the RPPJ for the sake of due process.