Citas bibligráficas
Hinojosa, S., (2023). Realmente la Ley 30424 establece una responsabilidad de naturaleza administrativa para la persona jurídica? [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/26695
Hinojosa, S., Realmente la Ley 30424 establece una responsabilidad de naturaleza administrativa para la persona jurídica? []. PE: Pontificia Universidad Católica del Perú; 2023. http://hdl.handle.net/20.500.12404/26695
@misc{renati/532719,
title = "Realmente la Ley 30424 establece una responsabilidad de naturaleza administrativa para la persona jurídica?",
author = "Hinojosa Jurado, Sofía",
publisher = "Pontificia Universidad Católica del Perú",
year = "2023"
}
Law 30424 became effective in 2016 declaring a so-called “administrative liability“ of the legal person. Peruvian jurists, for the most part, have opted for attributing to it a “criminal“ nature and not an administrative one, because for them it would be a label fraud. It is striking that it has been decided to regulate such measures against the legal entity when there were already others applicable to it, although of a different nature. In fact, with the Criminal Code of Peru of 1991, a system against legal persons was incorporated which, like Law 30424, operates in a criminal proceeding. We refer to the accessory consequences regulated in articles 105 and 105-A of the referred Criminal Code. These contain measures very similar to the “sanctions“ that have been established in our legal system with Law 30424. In view of this, the objective of this thesis is to determine whether the liability declared by Law 30424 really has an administrative or criminal nature and, in addition, to clarify its scope of application, in contrast with the accessory consequences of the aforementioned article 105 of the Criminal Code. The thesis begins with a historical review of the legislative background of the Accessory Consequences and of Law 30434. It describes how they were incorporated into Peruvian legislation and analyzes the current regulation of both forms of reaction against the legal person. Subsequently, an analysis will be made on the grounds that support a “criminal liability“ of the legal person and it will be determined that none of the reasons provided can justify the existence of such liability in an anthropocentric criminal law, that is, in a system in which only the natural person is the subject of the crime and the penalty. The arguments coming from Comparative Law, from which several formulations of a “criminal“ liability of legal persons are derived, are inefficient in our legal system, since they would lead us to detach ourselves from the principles of Criminal Law and to trivialize dogmatic concepts such as those contained in the Theory of Crime, thought only and exclusively for the natural person. The publication of Law 30424 has not settled the debates about the principle societas delinquere non potest, but rather has reinforced them because the real reason for having decided to incorporate it into our legal system, that is, to comply with certain requirements to be able to access the OCDE, is becoming more and more evident.
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