Officer compliance y gestión ética empresarial en tiempos de responsabilidad penal de las personas jurídicas.

Abstract

The private company in Ecuador faces new paradigms related to the exercise of “good corporate governance”, as well as the latent possibility of its criminal responsibility. This work aims to address the need for knowledge of the compliance officer as an instrument of business management, and its incorporation in order to prevent the commission of crimes and to release or mitigate the company’s criminal liability. The need for compliance in the existence of the company requires knowledge of the general elements that structure it and that will be addressed in this work. Bearing in mind the specialized bibliographic review and the foreign experience, the object of this research is the results of two questions raised in a questionnaire applied in a previous work that indicated that the majority of the companies surveyed, although they did not know the compliance, consider it a tool indispensable. Finally, we arrived at the conclusion of the necessary implementation of compliance as an ideal mechanism to achieve the two purposes indicated above, through dissemination a knowledge through the complaints channel.