Legal legal responsibility of authorized individuals (of corporations and mercantile corporations) is a matter of nice curiosity since most individuals in some unspecified time in the future in our lives can endure the fee of a criminal offense brought on by an organization, for instance harm brought on by a piece, a fraud of an worker of an organization….
Administrative sanctions, accent penalties and civil legal responsibility of authorized individuals already existed, however the extension to prison duty was vital and has been very latest, particularly with the reform of the Penal Code of 2010 Natural Regulation 5/2010.
There was already the duty of prison organizations created for the fee of crimes (article 129 of the Penal Code), however article 31.bis was created to use prison duty to authorized individuals which might be often concerned within the fee of a criminal offense. crime by its directors and authorized representatives.
The implications may be a number of, for instance, with fines, suspensions, dissolution and definitive lack of authorized character or the closure of premises.
There’s a double means of imputation:
1 Brought on by the prison motion of the “authorized consultant, administrator in actual fact or in regulation” for acts carried out within the title or on behalf of the authorized individual and for his or her profit.
2 There may be additionally the duty “for not having exercised due management over them (workers of the group), making an allowance for the circumstances of every case.” It’s the so-called “guilt of group” by which society is sanctioned for not having managed subordinate individuals within the fee of crimes.
Subsequently, We distinguish between the duty of managers and workers:
1º Administrators’ duty:
The supervisor should have dedicated the crime appearing within the title or on behalf of the authorized individual, who has acted for the direct or oblique good thing about the corporate.
The corporate is exempt if the executive physique has successfully adopted and executed appropriate surveillance and management measures to forestall crimes, which have been fraudulently eluded by criminals, and that supervision has been entrusted to an autonomous firm with out there having been a omission of management over them.
2nd Legal legal responsibility for acts of workers:
This duty seems when there was a severe breach of the duties of supervision, surveillance and management of their actions. Has to be a severe breach. For a part of the doctrine it’s an excessively indeterminate and versatile criterion, however the jurisprudence is little by little extra specifying prison duty and for instance the final judgment of March 16, 2016 of the Supreme Courtroom it impacts that the breach of supervision should be severe with out the corporate being chargeable for all of the crimes produced within the train of its social actions.