Bases for a subjective imputation of a moral person. ¿to a culpability of the legal persons?
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Keywords
Criminal liability of legal entities, societas delinquere non potest, hybrid forms of responsibility, Criminal Law and extra penal sanctioning law, approaches between common law and civil law.
Abstract
In the evolution of the comparative Law, the tendency to accept criminal responsibility of legal entities has been accentuated, due to the necessities of transformation of the criminal policy and the influence of the European Union. This evidences a conflict with the traditional categories of the criminal law and even with the administrative sanctionary Law. The old dogma of societas delinquere non potest is being, therefore, overcomed, although through different criteria and strategies in each legal system. Nevertheless, to find suitable theoretical solutions, the specific criteria of the subjective of imputation of the legal entity must first be defined and analized.
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Luigi Foffani, Módena y Reggio Emilia University
Professor at the University of Módena y Reggio Emilia, ItaliaAuthors who publish with this journal agree to the following terms:
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