Repercusiones jurídico-penales del criminal compliance. A propósito de la regulación española

This paper studies the paradigm of compliance and self­regulation from a legal­criminal point of view in order to assess the implications they generate in the determination of criminal liability of individual and legal persons within the framework of the corporate crime. In this sense, this research...

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Bibliographic Details
Main Author: Chanjan Documet, Rafael Hernando
Format: Article
Language:Spanish
Published: 2020
Subjects:
C
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7865340
Source:Nuevo Foro Penal, ISSN 0120-8179, null 16, Nº. 95, 2020 (Ejemplar dedicado a: Nuevo Foro Penal), pags. 137-154
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Summary: This paper studies the paradigm of compliance and self­regulation from a legal­criminal point of view in order to assess the implications they generate in the determination of criminal liability of individual and legal persons within the framework of the corporate crime. In this sense, this research approaches the phenomenon of self­regulation as a new strategy of the criminal policy to prevent crimes in societies, with criminal compliance being one of the most exemplary manifestations of a regulated self­ regulation that aims to assist state crime detection, investigation and prevention. Definitely, one of the areas in which the new paradigm of compliance is most important is the criminal liability of legal persons, although its influence is also recognized in determining individual responsibilities in organizational activities.