Responsabilidad penal de los órganos de dirección de las empresas mineras respecto a los delitos contra el medioambiente
The purpose of this work is to establish, develop andunderstandthegeneralandspecificguidelines that serve as a legal platform to determine when a governing body, whatever legal representative is, usually the General Manager, and/or director, shareholder or partner, of a mining company, that may be h...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5377697 |
| Source: | Vox Juris, ISSN 1812-6804, Vol. 30, Nº. 2, 2015 (Ejemplar dedicado a: VOX JURIS 30), pags. 35-50 |
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| Summary: |
The purpose of this work is to establish, develop andunderstandthegeneralandspecificguidelines that serve as a legal platform to determine when a governing body, whatever legal representative is, usually the General Manager, and/or director, shareholder or partner, of a mining company, that may be held criminally responsible for the commission of a crime against the environment, under the assumption of an act of omission, that is, a title of omission by the breach of the duty of the guarantor (duty organizational), developing the special characteristics of the transfer of the institution of the act of omission in the business sector, ending our analysis to establish at what point this crime against the environment is attributable to the directors by intent or negligence.This by virtue of the fact that the responsible for administering justice, whether Public Ministry and Judiciary, when performing the legal qualification of the facts under investigation (environmental) mentioned in article 314-A of the Criminal Code, which is consistent with article 27 (acting on behalf of a legal person), and under this parameter end up issuing resolutions in which almost in its majority are them attributed to the representative bodies the performance of criminal kind under the negligent intent, without identifying at what time or how the mandate imposed by law was broken. |
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