Responsabilidad penal de la persona jurídica y sanciones en delitos económicos en el COIP.

Abstract

The liability of the legal person has been a topic of debate since the beginning of the Theory of Law, based on the need for liability to exist as a category of Law, unequivocally and in accordance with the regulations; as well as that it meets the needs of classical Criminal Law for the conduct classified as unlawful and proceed with the due sanction. Thus, this research work carries out a systematic analysis of the regulations concerning the criminal liability of the legal person through doctrine, to move on to the normative analysis of economic crimes and their punishment in Ecuadorian regulations; and, finally, the analysis of practical cases that allow conclusions and recommendations to be reached on the subject. XII Ecuadorian legislation included the figure of liability as of 2014 in order to separate the liability of the legal person from the individual responsibility of the natural person, as well as the applicable consequences in terms of sanctions, different from the personal measures of classic Criminal Law; that is, definitive closures, fines, prohibition of the exercise of economic activity to prevent that, once the legal representative has been sanctioned, the company continues its operations without receiving any sanction in the face of unlawful conduct in the ordinary course of its business. All this through the creation of an orderly, systematic and effective regulatory system that allows for sanctions, compensation and recidivism.