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The legal person as an object of criminal imputation in the ecuadorian finalist system

Abstract:

The advent in Ecuador, in 2014, of the new punitive model brought with it some figures typical of criminal dogmatics. However, these figures were incorporated into our system in a sloppy way, by force, without a study of relevance and without analyzing the degree of discussion on the part of dogmatics. Thus, as a novelty, the legislator introduced what in criminal dogmatics had been discussed decades ago: the so-called responsibility of legal persons, without realizing the systemic clash with the model followed by the Comprehensive Organic Penal Code. The purpose of this work is to determine if legal persons can have criminal liability as such, and not to establish the inapplicability of the legal provisions they give in this regard. It will be carried out predominantly with the contributions of foreign doctrine, therefore it is formalist dogmatic. Its temporal space is sectional in relation to the problem posed, and longitudinal in retrospect, which will serve as a basis to explain its development and its various theories. The research, due to its breadth, will be basic, with a laboratory framework, due to the fact that it mainly concentrates on an analysis of the bibliography on the subject to be investigated; Its breadth will be micro, since the work is aimed at studying a specific general criminal doctrine topic and its character is qualitative.