Description
Legal Entities, Crimes, Guarantees, and Compliance
Book Summary
This work offers an exhaustive and rigorous analysis of the criminal liability system for legal entities in Spain, addressing the doctrinal controversies that hinder its uniform application. The author examines the legal configuration, legal nature, and inalienable principles of criminal law in this context, proposing solutions to provide greater precision and rigor to judicial practice. Furthermore, it delves into key concepts such as the effectiveness of criminal compliance programs and the role of the compliance officer, providing tools for companies to adequately manage their exposure to criminal risk.
What is it about?
The book is structured into three major sections that address the criminal liability of legal entities from different perspectives. First, it conducts a dogmatic analysis of the current system, examining the main doctrinal discussions regarding its legal configuration and legal nature. Next, it focuses on criminal compliance programs, defining what is understood by "effectiveness" in their adoption and execution—a fundamental element for the legal entity to be exempt from liability. It also studies the role of the compliance officer, their functions, and the limits of their liability. Finally, the work addresses the management of procedural aspects related to the legal entity, highlighting their importance in achieving a successful application of the criminal liability exemption.
Main Topics
- Criminal liability of legal entities: legal configuration, legal nature, and doctrinal controversies.
- Criminal compliance programs: effectiveness in adoption and execution as a requirement for exemption from liability.
- The role of the compliance officer: functions, responsibilities, and limits of their actions.
- Procedural guarantees and principles of criminal law applicable to legal entities.
- Proposals for improvement for a more uniform and rigorous application of the corporate criminal liability system.
Who is it recommended for?
This work is aimed at legal professionals, especially lawyers specializing in criminal and commercial law, as well as judges and prosecutors who need an in-depth and up-to-date analysis of the criminal liability of legal entities. It is also highly useful for compliance officers, company executives, and legal advisors who seek to understand the legal requirements for implementing effective compliance programs and managing the criminal risks of their organizations.
What this book provides
- A critical and detailed analysis of the doctrinal controversies that will allow the reader to understand the difficulties and nuances of the criminal liability system for legal entities.
- Practical keys to designing and executing criminal compliance programs with the necessary effectiveness to achieve exemption from liability.
- A guide on the functions and limits of the liability of the compliance officer, a key figure in the prevention of corporate crimes.
- Well-founded improvement proposals that can serve as a basis for more rigorous and uniform application in judicial practice.
- A comprehensive vision that combines dogmatic analysis with procedural management, offering tools to address the criminal defense of the legal entity.
Technical Specifications
- Author: CUEVAS OLTRA, CARLOS MANUEL
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Topic: COMMERCIAL, CORPORATE, AND COMPETITION LAW, CRIMINAL LAW AND PROCEDURE
- Collection: J.M. BOSCH EDITOR CRIMINAL COLLECTION
- Binding: Paperback
- Publication date: April 2023
- Number of pages: 462
- Weight: 850 g
Editorial Assessment
This is a reference work for those who need in-depth and updated knowledge of the criminal liability of legal entities. The author combines academic rigor with a practical orientation, offering not only a diagnosis of current controversies but also concrete proposals to improve the application of the system. Its focus on the effectiveness of compliance programs and the role of the compliance officer makes it a valuable tool for both theory and professional practice in the field of corporate criminal law.