Responsabilidad penal de las personas jurídicas en los delitos ambientales a la luz del ordenamiento jurídico ecuatoriano

Abstract

The present is one of the themes that modern criminal law incorporates as a corollary expansionism of criminal law. The criminal responsibility of the legal person in environmental crimes constitutes one of the regulatory tools to combat the impact on the environment by companies engaged in activities sensitive to nature in particular and the environment in general. The objective of this article is to reflect on the institution of criminal liability of legal persons in the commission of environmental crimes under the light of the Ecuadorian criminal legal system, highlighting its particularities and using for such purposes the systematic and dogmatic analysis of criminal regulations. It is concluded, on the one hand, that the debate at the criminal political level regarding the inclusion of the criminal responsibility of legal persons within the Ecuadorian criminal law is poor, and on the other hand, that beyond its formal classification from the effective date Of this kind of responsibility, even the Ecuadorian jurisprudence has not taken its first steps to explain it from the argumentative logic.