Excepción de la responsabilidad penal en personas jurídicas y medidas de compliance en Ecuador.

Abstract

The present work is an essay on the exemptions of criminal liability for legal entities in Ecuador and the use of Compliance as a prevention mechanism. The analysis of the current legislation, which establishes the liability of private legal entities for certain crimes with the aim of obtaining a benefit or in favor of their representatives, is carried out.Also, mitigating circumstances in Ecuadorian criminal law are examined: the application of Compliance, self-reporting, collaboration in the investigation, and comprehensive compensation for victims. Unlike other regulations, the COIP does not establish an exemption for lack of necessity of Compliance if it is implemented, and the effect on criminal liability is limited. Finally, the relevance of Compliance as a tool for preventing and reducing criminal activity in corporations is analyzed, and the possibility of applying the concept in Ecuador is discussed. In summary, its application is possible and its authority is necessary, but despite this, the effect is limited compared to other countries.