The Position Of The Supreme Court Relating To The Protection Of The Fundamental Rights Of The Corporate Criminal Liability In The Criminal Proceedings
DOI:
https://doi.org/10.19135/revista.consinter.00010.35Keywords:
Supreme Court, The Fundamental Rights of the Corporate Criminal LiabilityAbstract
The main idea behind this communication is to comment the Judgments of The Criminal Chamber of the Spanish Supreme Court, relating to how corporate criminal liability interacts with the criminal liability of the individuals within the company who may have committed a criminal offense.
Several fundamental rights that have been studied in these sentences are analyzed in order to verify whether the corporate liability is protected by the same rights as the natural person.
In particular, we will study whether the Fundamental Right of Defense, contained in the Spanish Constitution, is guaranteed to the corporate liability in the criminal procedure in the same way as to the natural person.
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References
ROSO CAÑADILLAS, R., Prevention: social and criminal responsibility of legal persons. In General Review of Criminal Law 33 (2020). Iustel Editorial.
Legislations
Nationals:
Spanish Constitution, State Official Newsletter, No. 311, of 12/29/1978.
Organic Law 10/1995, November 23, of the Criminal Code, Spanish Criminal Code, State Official Newsletter,No. 281, of 11/24/1995.
Royal Decree, September 14, 1882 approving the Law of Criminal Procedure, State Official Newsletter, No. 260, of 09/17/1882.
Organic Law 5/2010, June 22, amending the Organic Law 10/1995, November 23, of the Criminal Code, State Official Newsletter, No. 152, of June 23, 2010, pages 54811 to 54883.
Organic Law 1/2015, March 30, amending the Organic Law 10/1995, November 23, of the Criminal Code, State Official Newsletter, No. 77, de 03/31/2015.
Organic Law 37/2011, October 10, procedural expediting measures, State Official Newsletter, No. 245, October 11 of 2011, pages 106726 to 106744
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