Illegal financing of political parties, a proposal for typification in the ecuadorian integral organic penal code

Abstract

The purpose of this work is to demonstrate the need to classify the illegal financing of political parties within the Ecuadorian legal system due to the lack of criminal sanctions against these harmful behaviors. In this context, the forms of financing allowed for political parties from the public and private spheres established by the Organic Electoral Law and Code of Democracy of Ecuador are developed. In this way, the causes of illegal financing of political organizations are also identified, which shows the damage they cause to different legal assets. Thus, active and passive illegal financing is proposed as punishable conduct, in addition to raising the proposal of sanctioning the political parties themselves as legal entities to finally address the aspects and the procedure that the legislative power must carry out to achieve the creation of the corresponding criminal types.