Compliance programs in the criminal liability of legal entities

Abstract

"The criminal liability of legal entities has been a topic addressed from various perspectives. Although there have been doctrinal and even jurisprudential positions questioning its inclusion within the normative context, the reality is that the Ecuadorian Organic Criminal Code, since 2014, already contemplates the criminal liability of corporations. In this sense, its study becomes indispensable. Alongside corporate criminal liability, the need arises to discuss the existence and inclusion of mechanisms for managing and controlling criminal risks, such as criminal compliance programs. Legally, the implementation of these programs in Ecuador signifies the mitigation of the liability of the legal entity, as outlined in Article 49 of the Criminal Code. However, for this to happen, a series of minimum requirements must be met, making this mechanism a tailored solution adapted to the corporation's needs and objectives."