Los criterios de la imputación objetiva que determinan la colaboración del profesional del derecho dentro del delito de delincuencia organizada.

Abstract

This paper addresses a current and pressing issue regarding the responsibility of lawyers within the criminal offense of Organized Crime, as codified in the final paragraph of Article 369 of the Comprehensive Organic Criminal Code. Upon review, it was evident that there is a need to understand when a legal professional acts as a collaborator, based on the principles of objective imputation. The deductive and analytical-synthetic methods were applied within a qualitative framework, enabling interviews with Prosecutors and Judges. The findings underscore the importance of distinguishing between lawful legal assistance and collaboration in the commission of a crime, through the examination of Ecuadorian laws, assessing their effectiveness without infringing upon the right to legal defense and the principle of freedom of legal representation