FUNDAMENTACIÓN DE LA CULPABILIDAD PENAL DE LA PERSONA JURÍDICA, SE PROPONE REFORMAR EL ARTÍCULO 32 DEL CÓDIGO PENAL PARA LOGRAR UN SOCIETAS DELINQUERE POTEST

Abstract

This descriptive research means the importance of companies in today's society has given way to the need to regulate its activity and that the crimes committed by them cause a greater impact than individual crimes. This research demonstrates the need for the Ecuadorian legal system to impute criminal liability to legal persons. Half society advances it is becoming increasingly dependent on the economic system and its actors, but this is not free of wrongdoing. It will tour to find out why started talking about criminal responsibility, what is its historical background. For this we refer to the figures and emblematic cases in American jurisprudence, the so-called "White Collar Crimes" (White Collar Crime). This will demonstrate how to adapt the theories of individual allocation to the legal person, also what kind of sanctions are applicable to this type of crime. Be analyzed under what theories are conceived as legal persons criminally liable. You will see what kind of crimes can be committed by legal persons, how they typify these behaviors and what has been done on comparative law. We will study how to determine the degree of responsibility within the business organization and the responsibility of governing bodies.