El oficial de cumplimiento en el código orgánico integral penal. especial referencia al art. 319.

Abstract

The criminal responsibility of the legal entity in Ecuador opens up new paradigms that are projected in two directions, on the one hand, in relation to business activity or work; and on the other, in the criminal and procedural regulation under which the delinquere potest societies are governed. In the above scenario, it is necessary to approach mechanisms, figures or instruments in order to complement and make effective the purposes or objectives of that criminal responsibility, in strict adherence to the validity and respect of the postulates of criminal and criminal procedural law. Then, as one of those mechanisms or instruments, Compliance emerges as a means of prevention, detection and treatment of criminal offenses with an altruistic purpose to the extent that it stands as a system for compliance with the law and the exercise of good corporate governance, and another excluding or mitigating purpose of criminal responsibility. But, for all the scaffolding that a Compliance implies, a human engine is required, which in particular case of this work is the so- called compliance officer. Hence, the objective of this investigation is none other than to determine the figure of the compliance officer in the Ecuadorian criminal legal order, through the systematic and dogmatic analysis of criminal regulations, to understand their role and functions in the exercise of their position and its potential quality of active subject. Finally, it is concluded that despite the existence of the Compliance figure for now, the presence of the compliance officer in the COIP is disaggregated to crimes such as art. 319 in which your criminal liability is determined.