Alternatives to the trial on the criminal liability of legal entities

Abstract

Ten years ago, criminal liability of the legal entities   was introduced in our country as the most relevant innovation that   our criminal dogmatics have undergone for centuries. Practical issues   of shortage in human and material resources for entering into   the labyrinth of complex corporations and for gathering substantial   evidence are added to the conceptual problems that involve investigating   entities, which have no human brain and which cannot   be convicted to imprisonment. Spain starts from a disadvantage for   not having yet introduced in its legal system resources allowing the   Prosecutor to waive charges if the requirements of the payment of a   fine or of the compromise of adopting internal measures within the   company to prevent criminal reiteration are fulfilled. The aim of the   present paper is to study the different alternatives to the judgment   followed in other countries and to encourage a debate about the viability   of a criminal self-report within the companies and the participation   of Spain in joint international investigations.