Is there a need for a specific model of attribution of criminal liability in Spain for political parties? An legal analysis based on domestic and comparative law.

Abstract

Through LO 7/2012, the Spanish criminal legislator decided to introduce political parties into the scope of the criminal liability of legal persons, despite the fact that it had initially excluded them. However, the model for attributing a crime to this type of entity is the same as for other legal persons. Thus, this research work highlights the important dogmatic problems caused by the generic extension of the current model of criminal liability of legal persons to political organizations. It concludes that there is a need to introduce a specific model for attributing criminal liability to this type of entity in our country that takes into account its own peculiarities in relation to the subjective scope of application, the crimes that can be committed by them, the natural persons competent to commit the criminal offences, the penalties to be imposed and the requirements of the criminal compliances.