La responsabilidad penal de las personas jurídicas en el Ecuador

Abstract

Nowadays there are different types of criteria on the issue of liability of legal persons, since August 10 of 2014, our Organic Integral Penal Code (OIPC) on its Articles 49 and 50 sanctions for legal persons as actors of criminal offenses, thus accepting a theory already established in many jurisdictions around the world This research will contribute with elements of study and analysis of a topic, that has been treated by many other laws and to a lesser extent by our; it’s true that because in Ecuador the current situation and economic importance that many companies or legal persons are taking, there are new aspects and specific topics that should be subject to a new study, analysis and assessment in order to determine the actual application of this vital and important issue. We must also not forget that from a constitutional point of view have been established and erected new legislation that not only respond to a historical reality but also social; that’s why this issue demands to be investigated by the students of the Law School. In this research a legal analysis of the existing legislation making an emphasis on those provisions found in the Organic Integral Penal Code concerning the criminal responsibility of legal persons, who have to held criminally responsible and independently of natural people that could be in charge of the management of such entities.