The concept of crime “for the benefit ” of the company following the STS 154/2016 , 29 February 2016
One of the elements that make up the criminal liability of the legal person is to obtain some kind of benefit for society of the crime committed by the individual . This was established by the criminal legislature in paragraph 1 of Article 31a of the Penal Code: ” legal persons are criminally responsible for the crimes committed in the name or on behalf of them, and their direct or indirect benefit ( … ) . ”
The concept of “benefit ” refers to any kind of advantage , even the simple expectation of improving any aspect of the legal person , helpful to the profit of the company within which the representative , manager or hierarchical subordinate of the legal person commits crime.
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