Description
COMPLIANCE AND LEGAL ENTITIES
Book Summary
This work addresses the complex legal framework surrounding the criminal liability of legal entities in Spain, focusing on the role of compliance as a model for exemption from liability. The author analyzes the technical and legislative deficiencies of criminal proceedings for corporations, exploring the interrelation between the legal entity, its management bodies, and the individuals who comprise them. A rigorous and current study that unravels the procedural rights of entities and the preventive function of regulatory compliance programs, offering answers to the challenges posed by corporate crime.
What is it about?
The book examines the regulatory evolution that led to the recognition of the criminal liability of legal entities in the Spanish Penal Code, from Organic Law 5/2010 to Organic Law 1/2015, which introduced the compliance model as an exemption cause. It focuses on the existing procedural vacuum, as the penal reform did not address the treatment of the legal entity in judicial proceedings. Through the analysis of Circular 1/2016 of the State Attorney General's Office and key Supreme Court rulings, the work identifies the technical and legislative shortcomings affecting the procedure. Finally, it delves into the scope of the procedural rights recognized for the legal entity and the relationship between it, its management bodies, and the individuals who compose them, all within the context of compliance and its preventive capacity.
Main Topics
- Criminal liability of legal entities in the Spanish legal system.
- The compliance model as a cause for exemption from criminal liability.
- Technical and legislative deficiencies in the criminal proceedings of legal entities.
- Procedural rights of the legal entity in criminal proceedings.
- Interrelation between the legal entity, its management bodies, and individual subjects.
- Preventive function of criminal risk organization and management programs.
Who is it recommended for?
This work is aimed at legal professionals, especially criminal and procedural lawyers, as well as judges, prosecutors, and corporate legal advisors. It is also of great interest to compliance officers, executives, and board members who need to understand the criminal and procedural implications of corporate management. Academics and researchers in criminal and procedural law will find a deep and updated analysis of a subject in constant evolution.
What this book offers
- An exhaustive analysis of the procedural gaps that affect the legal entity in criminal proceedings.
- Keys to understanding the interrelation between the entity, its managers, and compliance programs.
- A detailed view of the most relevant jurisprudence and doctrine on the criminal liability of legal entities.
- Tools to evaluate the effectiveness of crime prevention models as a cause for exemption.
- A guide on the specific procedural rights of legal entities.
Technical Data
- Author: CRIADO ENGUIX, JAIME
- Publisher: J.M.BOSCH
- Language: Spanish
- Topic: CRIME AND CRIMINOLOGY, CRIMINAL PROCEDURE
- Collection: BOSCH
- Edition date: July 2025
- Number of pages: 448
- Weight: 700 g
Editorial Assessment
This is a reference work for those who need to understand the procedural implications of the criminal liability of legal entities. The author, Jaime Criado Enguix, offers a rigorous and updated study that addresses the regulatory deficiencies and practical challenges posed by compliance in judicial settings. His approach, which combines theoretical analysis with procedural practice, makes it a valuable tool both for defense and for the prevention of criminal risks in the corporate sphere. An essential title for specialists looking for answers to the most complex issues in this field.