LAYING BY A COURT OF PUNISHMENT FOR DISSOLUTION OF CORPORATIONS INDICATES LOSS OF YOUR FINAL LEGAL PERSONALITY FOR SOCIETY
Regarding penalties that Article 33.7 of the Penal Code provides for legal persons, the STS 154/2016 of 29 February 2016 provides that they must be applied, in general and among other things, based on “The consequences economic and social, and especially the effects on workers “(art. 66a 1st b) CP).
Specifically, we will analyze the most severe penalty that the Criminal Code provided for legal entities: the dissolution of the legal person (art.33.7.b) CP). The imposition by a court of that punishment means the definitive loss of its legal personality for the company as well as its ability to act in any way in legal transactions, or perform any kind of activity, even if it is lawful . In these cases, the recent emanating Supreme Court case law requires that a judge can dictate the dissolution criminal cases that the legal person is instrumentally used for the commission of criminal offenses, provided the legal activity of the legal person is less relevant than legal activity (art. 66a b) “in fine” CP).
Therefore, the STS 154/2016 of 29 February 2016 concluded that “the fact that the structure and lawful purpose of the legal entity they be used by the individual member of the same to commit the offense of which he is the author does not mean necessarily, nor the absolute lack of crime prevention measures, that it should be dissolved under the terms of art. 33.7 b) CP, but it will take at least adequately motivate the criterion weighting between the different relevance of its legal activity and the crime committed in her womb, looking for a proportionate response to the severity of his guilty act as the interests of affected third parties unrelated to any kind of responsibility. ”
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