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- Title
Responsabilidad penal de las personasjurídicas en Perú: una reevaluación delaforismo societas delinquere necpunirepotesta partir de una perspectivaanticonceptualista.
- Authors
Herrera Pérez, Enlil Iván; Barrera Apaza, Katerin; Rodríguez Cotrado, Ingrid Melanie
- Abstract
This article aims to address the problem of criminal liability of legal persons with special attention to the case of Peru and through an anti-conceptual approach. For this purpose, first, an anti-conceptual definition of a legal person is presented; secondly, the main theoretical models that deny or accept criminal liability regimes of legal persons are addressed; thirdly, an explanation is offered about the changes in the regulations on the liability of legal persons in countries that have adopted a continental legal system; and, fourthly, the liability regime adopted in Peru is defined. After a review of various documentary sources related to the objectives set, we conclude that the aphorism societas delinquere nec punire potest is not an irrefutable dogma, but rather a political issue. Therefore, the adoption of a model of criminal liability of self-responsibility for legal persons is plausible, both with respect to Peru and with respect to other countries that have adopted a continental legal system.
- Subjects
LEGAL liability; CRIMINAL liability; JUSTICE administration; DOGMA; DEFINITIONS
- Publication
Revista Direito GV, 2023, Vol 19, p1
- ISSN
1808-2432
- Publication type
Article
- DOI
10.1590/2317-6172202341