Consultation on new paper published in the Blog Criminal Liability of Legal Entities managed by MPD. In the last post we look at how it affects the Penal Code the offense of unfair administration of companies.
With the reform of the Penal Code, Article 252 now reads as follows: shall be punishable with sentences of Article 249 or, where appropriate, with Article 250, those having authority to administer an alien heritage emanating from law, mandated by the authority or assumed by a legal transaction, the infringing overstepping the exercise thereof and, thus, causing injury to the managed assets. This aspect raises questions which so far have no clear answer as will any type of breach of duty of safeguarding the financial interests that are given favors the offense? Does wealth management with this reform becomes a profession of risk? A manager could fall in the crime rate by simply not have a claim?
Check out the entire post here.