Criminal Liability of Corporations and Anglo-Ibero-American Compliance

Abstract

The implementation of Anglo-American legal instruments in European and Latin American legislations justifies a comparative analysis of their similarities, differences and consequences. A comparative study of Compliance (Cs) is presented, firstly between the United States and Spain, country that served as inspiration for Latin America; then different Latin American countries such as Chile, Argentina, Mexico, Peru and Colombia are examined. The differences in the regulation of the Cs are evidenced, considering the existence of Criminal Liability of Legal Entities (CLLE), the minimum elements of the Cs, their application as grounds for the absence of CLLE and the direct effects of the Cs in the criminal process. On the other hand, the obligations of the collective entities with respect to crime prevention are identified. In these terms, recommendations are made for Latin American countries, in order to recognize and control criminal risks within companies from the PCs, with effective means and judicial processes for their prosecution and punishment.