La aplicación de responsabilidad penal de personas jurídicas con base en el Artículo 49 del COIP ecuatoriano

Abstract

This research analyzes the criminal liability of legal entities in Ecuador, based on the provisions of Article 49 of the Comprehensive Organic Criminal Code. Although this figure represents progress in the fight against new forms of crime, its application is ineffective due to several factors, such as dogmatic, regulatory, and institutional limitations. From a dogmatic perspective, there is evidence of tensions with principles and concepts of traditional criminal law, such as conduct and culpability, among others, which were created and have evolved to be applied to natural persons. From a regulatory standpoint, Article 49 lacks clear definitions and does not establish sufficient criteria for consistent and rights-based prosecution. Likewise, there are several obstacles in practice due to the lack of training among justice operators, limited inter-institutional cooperation, the absence of case law, and the weak implementation of compliance programs. These factors have an impact on the social and economic spheres.