Some Ideas about Sanatorium Effects of Criminal Compliance on Criminal Liability of Corporations: Myth or Reality?

Abstract

The criminal compliance program, as a means of accrediting compliance with the duty of supervision, vigilance and control of criminal risks by the company, represents an element that directly affects the grounds for the criminal liability of the legal entity. Its absence facilitates the punishment of the legal entity, but its existence may lead, if it complies with the formal and material regulatory requirements, to the exclusion of the criminal liability of the legal entity. This article sets out the different theses on the legal nature of these compliance programs and analyses the appropriateness of these programs —provided they can be considered as suitable and effective to prevent the crime under investigation, or significantly reduce the risk of its commission— causing the exemption of legal person´s criminal liability during the pre-trial phase.