The criminal risks for companies have been increasing since 2010, particularly when their executives or representatives commit certain criminal offenses. This legal reality has been confined to acts carried out by the executives or representatives of the company when there is a deficit in preventive organization within the company. Read here.
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Is it possible to criminally convict a company without convicting the individual perpetrator of the crime? Yes, it is possible to criminally convict a company without convicting the individual perpetrator of the crime. This is permitted by the Penal Code, and it often arises due to serious structural deficiencies within the company that ultimately allow […]
Just a few years ago, the market exploded with the incorporation of crypto assets into the exchange system. Cryptocurrencies, tokens, and smart contracts burst onto the scene with such force that even the regulator (in our case, the CNMV) frequently expressed opinions - with varying degrees of success - regarding the submission of these new […]
Investigative Proceedings by the Public Prosecutor and STC 59/2023 The Full Court of the Constitutional Court has recently addressed the extent of pre-trial investigative proceedings conducted by the Public Prosecutor's Office. Considering the challenges in bringing this matter before the Court and the intricacies involved in admitting amparo appeals, it presented a rather complex scenario […]
Diligencias de investigación de la Fiscalía y STC 59/2023 TEl Pleno del Tribunal Constitucional ha tenido ocasión de pronunciarse sobre el alcance de las diligencias de investigación pre-procesales del Ministerio Fiscal. Con lo difícil que ha sido que esta cuestión fuera sometida al Tribunal y con lo extremadamente compleja que es la admisión a trámite […]
Principles and limits always imply a price with respect to the manifestations of crime. Otherwise, principles and limits are simply useless abstract declarations. Are participating in the Manifesto: ▪Gian Domenico Caiazza, President dell’Unione delle Camere Penali Italiane. ▪Nicola Mazzacuva, President del Consiglio delle Camere Penali italiane. Professore all’Università di Bologna. ▪Gianluca Malavasi, Responsabile Scuola Territoriale […]
Our member, Oscar Morales, was received yesterday as a Full Academician of the Royal European Academy of Doctors, with a speech on "The event horizon of the criminal justice system", which was answered by the also Full Academician and our member, Fermín Morales Prats. It was an academic act of reflection on the current state […]