The criminal liability of legal persons: proposal of lege ferenda

Abstract

The present work deals with the problem that derives from the fact of determining what type of criminal responsibility should be proportional to the criminal acts committed in the field of legal persons. Emphasizes the need to create a law on criminal liability of legal persons and is justified in criminal political reasons such as legislative changes at the international level and the growing corporate crime that in recent decades has caused problems in Nicaragua of socioeconomic order. Economic crime has infiltrated public administrations, it is clear that the current model of accessory consequences and the formula of acting on behalf of another has proved insufficient, due to the nature of such measures and their lack of definition, being necessary the corporate criminal responsibility model. These issues are addressed in this article, through an analysis of the sources of criminal charges, criminal liability models, crime prevention models (criminal compliance) and the controversial figure of the compliance officer, having as a reference, in the latter case, the Spanish experience.