Criminal liability of legal persons and compliance. National and comparative perspectives:
1. Holding legal persons liable for criminal offences. Dogmatic and constitutional issues. Legal persons, principle of guilt and dogmatic category of guilt.
2. Approach to different models:
a. USA, UK, France, Portugal, Austria. The new Latin American regulations.
b. "Administrative" (Colombia), "pseudo-administrative" (Italy), "contraventional" (Germany) and "non-sanctioning penal consequences" (Sweden, Latvia) models. Alternativity and accumulation (Switzerland). The "European model".
3. The Spanish model of criminal liability of legal persons.
a. Problems relating to the subject. Groups of companies. Unipersonal companies. Public Law Entities. Public companies. Political parties and trade unions.
b. Two imputation structures. The debate between the Supreme Court and the Attorney General's Office.
c. The system of penalties. Selection and determination.
d. The transfer of criminal responsibility and penalties in the succession of companies. Objections of constitutionality.
4. Compliance and crime prevention in the company.
a. Introduction: actual compliance and paper compliance.
b. Relevance of compliance in different regulations, in cases of crimes committed by 1. directors and senior management; and 2. other employees.
c. Various international standards.
d. The example of anti-corruption compliance.
This subject is aligned with the Sustainable Development Goals, primarily goal 16 on Peace, Justice and Strong Institutions.
Electronic Resources *