Group of Corporate Economic and Corporate Criminal Law Group (G.DPEE)

Sanctioning Liability of the Legal Entity

Ano de criação
2020
ON GOING

The accountability  of legal entities for criminal offenses committed by their managers or employees, through sanctions, is no longer a mere political-criminal issue, but an expanding international reality. However, there is a regulatory chaos regarding liability, with a series of normative diplomas that provide for sanctions to legal entities, but in different ways, under rules of distinct content, assigning competence for processing and executing penalties  to different public authorities. In a (liberal) rule of law, the rights of those involved, especially regarding sanctions’ provision and imposition, cannot depend on the good faith or goodwill of the prosecuting bodies, but must be protected by law. This project intends to prepare a bill of law, with a proposal for a sanctioning code for legal entities, concerning criminal offenses.

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