ANÁLISIS SOBRE LOS MODELOS DE IMPUTACIÓN DE LA RESPONSABILIDAD PENAL DE LA PERSONA JURÍDICA ESTABLECIDOS EN EL CÓDIGO ORGÁNICO INTEGRAL PENAL FRENTE AL PRINCIPIO DE SEGURIDAD JURÍDICA Y EL DERECHO A LA DEFENSA CONSAGRADO EN LA CONSTITUCIÓN DE LA REPÚBLICA DEL ECUADOR

Abstract

With the validity of the Comprehensive Organic Penal Code, criminal conduct is classified not only for natural persons, but also for legal entities, a classification that was not considered in our previous Penal Code. The purpose of this article is to analyze the models of imputation of self-responsibility and hetero-responsibility established in the Comprehensive Organic Criminal Code, in the face of Constitutional principles that to a certain extent are affected by the regulation of the criminal liability of legal entities, in addition to this, The model for attributing criminal liability of the legal entity that complies with the Constitutional State of Rights will be determined, for which a reform of the criminal liability regime of the legal entity contained in the Comprehensive Organic Criminal Code is necessary, with the objective of that the jurisdictional body is not limited when administering justice to legal entities, avoiding violations of the constitutional rights of these persons. The type of approach of this article is descriptive-comparative, with inductive reasoning by obtaining true and supported conclusions based on the premises.