., K. (2022). Culpabilidad directa de las empresas: Y su necesidad de interpretación en el código penal peruano [, Universidad Nacional de Trujillo]. http://dspace.unitru.edu.pe/handle/UNITRU/19431
., K. Culpabilidad directa de las empresas: Y su necesidad de interpretación en el código penal peruano . PE: Universidad Nacional de Trujillo; 2022. http://dspace.unitru.edu.pe/handle/UNITRU/19431
title = "Culpabilidad directa de las empresas: Y su necesidad de interpretación en el código penal peruano",
author = ". Melgarejo Morales, Kelly Marianela",
publisher = "Universidad Nacional de Trujillo",
year = "2022"
The present thesis entitled: "DIRECT GUILT OF THE COMPANY: And its need for interpretation in the Peruvian Penal Code", is a highly relevant topic in our Peruvian society, since it constitutes a permanent discussion in criminal doctrine, on the role it plays the company, as a legal entity within modern society. Inasmuch as, criminal behavior committed within business activities has been evidenced, thus giving rise to the name of business criminality which has been immune from possible criminalsanctions, due to the outdated regulationsthat are governed based on the traditional dogmaticsthat isstill in force in our criminal legislation, aimed at the action oflegal persons. The present research aims to show that companies as legal persons are bearers of duties and rights, enjoy freedom of organization, and therefore are responsible for the consequences that derive from their poor organization, since they can also be attributable and be attributable of guilt. This theory is based on modern dogmatic currents such as the normative functionalist system of Gunther Jakobs, the influence of the theory of autopoietic social systems of Niklas Luhmann, and the result of the doctoral thesis of Prof. Dr. Gómez Jara Diez. Its application would change the corporate culpabilitymodel in Perú,for a betterfunctioning of the legal system, and would effectively sanction companies that commit a crime. Likewise, the measures established in article 105 of the CP, would be considered as true penalties, also expanding the catalog of sanctions against those referred to, which would more effectively prevente the commission of crimes by companies.
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