Abstract

PAEZ BIMOS, Pedro Martín  and  BERENGUER PASCUAL, Sergio. As for Private Corruption Regulated in the Código Orgánico Integral Penal. Foro [online]. 2022, n.38, pp.187-205.  Epub July 04, 2022. ISSN 2631-2484.  https://doi.org/10.32719/26312484.2022.38.9.

The criminalization of the commercial bribery in the Código Orgánico Integral Penal (COIP) is part of an expansive and intensive current of criminal law that is not exclusive or autonomous for Ecuador. In the fresh anti-corruption legislation, several important issues can be observ ed, perhaps originated from the conflict that exists with the limiting principles of Criminal Law, within the constitutional system of rights and justice, as well as other unknowns when interpreting the objective elements of the offence, especially if we consider the criminal policy that seeks to satisfy this need. Applying an analytical and comparative methodology to these current issues, the Spanish experience in criminal matters can serve as a guide, since it incorporated a similar figure into its legislation more than a decade ago. From this perspective, some conclusions may be established that will emphasize the need to amend the Comprehensive Organic Criminal Code to prevent foreseeable problems in the application of the new offence.

Keywords : corruption; transparency; business; integrity; criminal law; crime; companies; corporations.

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