Revisiones procesales para un compliance basado en el modelo de responsabilidad penal en el ecuador

Abstract

The publications of Ecuadorian authors on the issue of criminal liability of legal persons are practically non-existent. Of the few works reviewed, none addresses, with some thoroughness, the issue of the corporate responsibility model and compliance, nor on the determination of the scope and meaning of the reporting principles of criminal procedural law since primary criminalization. Faced with this foreseeable problem, generated by the Ecuadorian Legislator and that has been the subject of an irremediable lack of attention of criminal law scholars in our reality, we invoke the criteria and opinions of the great European criminalists and mainly of Spanish authors, who have vigorously contributed to the development of clear, rational, and practical criteria for the criminal prosecution of legal persons within the framework of the constitutional guarantees of which legal persons are holders. The question of the procedural utility of the adoption of compliance programs in determining whether in a model of responsibility, in their own right, their mere existence and their effectiveness have mitigating or exempt consequences of guilt and what the treatment should be in relation with the accusatory principle and the principle of presumption of innocence in force in the Ecuadorian legal system.