Compliance penal en el Ecuador. análisis de la Ley Orgánica Reformatoria del COIP en materia anticorrupción

The main objective of this research was to define what Criminal Compliance consists of, its implications in the possibility of reversing the burden of proof in judicial proceedings against legal entities and its potential benefits in preventing corruption, through the study of the Organic Reform Law to the Comprehensive Organic Criminal Code (COIP) in Anti Corruption Matters\; with the purpose of contributing to an effective, integral and transparent development of both public and private institutions in Ecuador. The study design is non experimental, documentary and qualitative in nature. Documentary review and structured interviews with judicial, legislative and business experts were the techniques used. The results showed that the implementation of Criminal Compliance in our country has presented regulatory advances, however, there are still deficiencies in its application, especially when it comes to verifying the functioning of compliance systems, since there is still a lack of clarity on how to evaluate their efficiency. Furthermore, a series of challenges were identified, such as resistance from the business sector, the absence of oversight and monitoring mechanisms, and a possible inequality in the application of criminal liability with respect to SMEs. Finally, it was concluded that the implementation of Criminal Compliance programs not only helps prevent corruption, but can also be used as an attenuating factor of criminal liability in proceedings involving legal persons, provided that their efficiency and application are demonstrated before the crime has been committed. On the other hand, as shown in the comparative model of the Spanish system, it is necessary to strengthen the supervision and compliance systems and promote a culture of honesty and corporate ethics to improve the efficiency of Criminal Compliance as a tool for preventing corruption.

• 主要作者: Benavides Rosero, Nayelhi Anabel (author)
• 格式: bachelorThesis
• 出版: 2025
• 主题: compliance penal, responsabilidad penal, COIP, atenuante, inversión de la prueba, derecho comparado
• 在线阅读: https://repositorio.puce.edu.ec/handle/123456789/45606