DEFICIENCIA DE TIPIFICACIÓN DEL DELITO DE COHECHO EN EL COIP

Abstract

The concept of bribery proposed by the doctrine and laws differs, in Ecuador unlike other countries the crime is limited and differs from the extortion, it is constituted when the public official just receives a bribe. The legal nature of the crime and the protected legal good are also the subject of discussion, so the different positions of the doctrine are studied. Identifying the types of bribery is necessary to determine which of them are not being recognised by the ecuadorian legislation and the reason why they must be incorporated. Since 2018, the Ecuadorian Criminal Code recognizes the criminal responsibility of the legal entity wich is determined based on the organizational deficit and the lack of implementation of criminal compliance. Cases where companies have been involved have caused social impact, so beyond determinig their responsibility, it is important to recognize when those entities become in passive subjects of the infraction. Corruption between individuals, their administrative sanctions in Ecuador and the possibility of including these behaviors in criminal law are analyzed, a non-criminal sanctions are not always enough and corruption cases are considerable, even more in sports.