Criminal principles applied to the criminal liability of legal people in Peru, regarding Law No. 31740
The objective of this article is to analyze the catastrophe or shipwreck on the criminal principles applied to companies in their substantive and procedural aspects by continuing the cruise of the prevention of business crime without further detail in the necessary argumentative loads or empiricalso...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Facultad de Derecho y Ciencias Sociales y Políticas, Universidad Nacional del Nordeste
2023
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| Acceso en línea: | https://revistas.unne.edu.ar/index.php/rcd/article/view/6457 |
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| Sumario: | The objective of this article is to analyze the catastrophe or shipwreck on the criminal principles applied to companies in their substantive and procedural aspects by continuing the cruise of the prevention of business crime without further detail in the necessary argumentative loads or empiricalsocial support with broad solid basis of rationality as warranted by each of the modifications to Law No. 30424, regarding the current reform with Law No. 31740. Therefore, contrary to the expansionist phenomenon of punitive maximalism without minimal foundations in selection criteria and imputation, in principle, a model of criminal responsibility of the legal entity will be proposed in obedience to the principles of guilt, ultima ratio, subsidiarity, harmfulness and proportionality, in order to consolidate a coherent system of the responsibility of corporations based on a modern understanding of freedom and imputation from its institutional dimension in strict compliance with the constitutional requirements of a social and democratic State of Law. |
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