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IN ECUADOR AMENDMENTS WERE MADE TO THE CRIMINAL CODE AIMED AT IMPROVING THE REGULATION OF CORRUPTION OFFENSES
One of the key points of the changes in the Criminal Code of Ecuador was the expansion of the list of corruption crimes. In particular, the Criminal Law now provides for punishment for crimes such as:
- obstruction of justice;
- overestimation of the contract price during public procurement;
- bribery in the private sector.
Some changes are aimed at toughening sanctions for corruption crimes already provided for by the Criminal Law. This tightening of sanctions is aimed at increasing the terms of imprisonment for the perpetrators. An increase in the terms of imprisonment is provided, for example, for such corruption crimes as:
- active and passive bribery;
- extortion of a bribe;
- trade in influence and offer trade in influence.
Also, according to the amendments, it established that for commission of a corruption offense in a state of emergency (for example, a pandemic), the guilty person is assigned the maximum punishment.
One of the novelties is that after the entry into force of the amendments to the Criminal Code, the prosecutor, based on the report of the Office of the Comptroller General of Ecuador, may demand the suspension of the state contract (including the transfer of funds under the contract), within which corruption violations were revealed.
Amendments to the Criminal Law provide for the possibility of mitigating measures of liability for corruption offenses, if conditions are met, for example, such as:
- disclosure of information about a crime to the competent authorities prior to the commencement of an investigation;
- cooperation with the investigation;
- full compensation for damage from the crime before the start of the trial;
- availability of a compliance program with the appointment of persons responsible for its implementation.
At the same time, the minimum requirements for such a compliance program are determined, including, for example:
- taking measures to prevent, identify and manage corruption risks;
- introduction of internal control mechanisms with the appointment of responsible persons;
- implementation of constant monitoring of the prevention of corruption;
- adoption of a code of ethics;
- implementation of anti-corruption training programs for personnel;
- introduction of internal investigation mechanisms.
According to the amendments to the Criminal Code of Ecuador, the list of aggravating circumstances for committing corruption offenses has been expanded to include:
- bringing an organization to justice in the past for a similar crime,
- the use of other national or foreign companies to commit a corruption offense;
- application of existing rules to avoid liability (for example, conducting an external audit in order to conceal a corrupt act).