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- Title
Apuntes sobre la responsabilidad (objetiva y por el hecho de otro) de la persona jurídica por los delitos cometidos por personas naturales integradas en su estructura. El caso peruano.
- Authors
ALPACA PÉREZ, ALFREDO
- Abstract
The predominant legal opinion in Peru states that the «Administrative Liability of Legal Entities Act» (Act 30424), beyond the employed denomination, stablishes a genuine system of criminal liability of legal entities. The argument widely repeated by the aforementioned predominant legal opinion is that, since this liability is based on a crime and is declared by a criminal judge within the framework and with the guarantees of a criminal procedure, then it has a criminal nature. This study is aimed to provide an opposite approach to the one described, with the objective of proposing that, ultimately, Act 30424 establishes a strict and vicarious liability that is of a civil nature and has its basis in the unjust enrichment of the legal entity due to a crime committed by the natural person, who has acted in the name of the legal entity or on its behalf and for its direct or indirect benefit.
- Subjects
PERU; LEGAL liability; CRIMINAL liability; LEGAL opinions; CRIMINAL procedure; UNJUST enrichment; CRIME
- Publication
Nuevo Foro Penal, 2022, Vol 18, Issue 99, p53
- ISSN
0120-8179
- Publication type
Article
- DOI
10.17230/nfp18.99.3