Criminal Compliance in the accusation of the administrator of a legal entity.
May 30, 2024

Autor: Abg. Emily Sampedro

More Information:

Emily.Sampedro@fexlaw.com

 

The criminal liability of a legal entity is an issue of relevant legal importance; its imputation is subject to the action or omission of a natural person who has the legal capacity to act or not to act on its behalf. The legal representatives of the companies, in accordance with the law, are the administrators, their criminal liability is independent of the liability of the companies, and may be attributable to the poor development of their functions, for being in a position of guarantor, for the duties expressly designated surveillance and control, an obligation that implies the application of crime prevention programs, which can serve as a tool for exemption and mitigation of both your criminal liability and that of the company.

This has emerged as a wake-up call for company administrators and partners to seek measures so that their companies develop within the framework of legal compliance, which translates into Compliance, which has turned out to be an effective tool for businessmen who aim to ensure that their companies are developed within the framework of the law, with compliance programs, which greatly reduce the possible sanction for the legal entity.

The legal representatives of the companies are the administrators and they are criminally responsible for the illegal activities that take place within the company, and may even be responsible for the actions of third parties that are under their supervision. For an administrator to be released from liability, it is not enough to not be the direct author of the criminal act, but he must also have used all the mechanisms to prevent the criminal act from being committed, under his supervision and surveillance, applying Criminal Compliance programs. effective.

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