THE JUDGMENT COMMENT REQUIREMENTS TO APPRECIATE THE CRIMINAL LIABILITY OF COMPANIES UNDER ARTICLE 31 BIS OF PENAL CODE
The Plenum of the Second Chamber of the Supreme Court (Case number 154/2016 TS_responsabilidadPenal, rapporteur Maza Martin), has appreciated for the first time, criminal liability of legal persons and confirms the sentences imposed by the High Court to three companies their participation in crimes against public health, particularly in traffic of more than 6,000 kilos of cocaine hidden in machinery import and export object between Spain and Venezuela.
The requirements for assessing the responsibility of enterprises according to Article 31a of the Penal Code are: first, as the initial budget, it must be observed committing a crime by an individual who is a member of the legal person (in this case were administrators of fact or law). And secondly, that companies have breached its obligation to establish surveillance and control measures to prevent the commission of crimes. “Thus, determining the act of the legal person, relevant for the purposes of the statement of his criminal responsibility be established from analysis of whether the crime committed by the individual within it, it has been possible or facilitated by the absence of a culture of respect for the law as a source of inspiration for the performance of his organizational and independent structure of each of the legal entities that make it up, which would manifest itself in some kind of specific forms of surveillance and controlling the behavior of their managers and aimed at avoiding the commission of these crimes hierarchical subordinates, “said the statement.
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