La Capacidad de Acción, Culpabilidad, y el Fin de la Pena en la Determinación de la Responsabilidad Penal de las Personas Jurídicas
The general objective of the research is to analyze the dogmatic categories of the capacity of action, culpability, the purposes of the penalty and its relation in the determination of the criminal liability in collective organizations. To this end, some concepts and theories related to the investig...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2024
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9742428 |
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| Summary: | The general objective of the research is to analyze the dogmatic categories of the capacity of action, culpability, the purposes of the penalty and its relation in the determination of the criminal liability in collective organizations. To this end, some concepts and theories related to the investigated topic have been approached, considering that conventional criminal law only considers natural persons as addressees. In the execution of the investigated topic, the qualitative approach has been used to develop a reflexive and critical analysis of the categories related to the criminal imputation of the legal person. The results of the research show as findings the following: the legal person has the capacity to act through the acts executed by the organs in accordance with what is regulated in the bylaws and internal rules of organization, they assume autonomous guilt when they do not have an adequate organization due to a defect in their constitution and the purpose of the penalty is focused on restoring the validity of the violated rules through the imposition of criminal penalties. |
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