La posición de garantía como fundamento de la responsabilidad penal de las personas jurídicas en el marco del derecho penal empresarial

Abstract

The objective of this research is to know and identify the impact and legal consequences of the application of the guarantee position in the Criminal Business Law, in order to establish the interference of the same, in the attribution of Criminal responsibility in the context of the Corporate Criminal Law, all this, based on comparative law and the analysis of applicable regulations, taking into account the need to publicize an increasingly present and tangible reality that tends to protect legal interests in the framework of the crimes committed in the exercise and development of the purposes of the company, alluding to the position of guarantee as a basis for attribution of responsibility and making a study based on comparative law that allows the reader to have a broad perspective with regarding the matter. All of the above in order to establish the importance of the guarantee position in terms of the attribution of responsibility, additionally, a brief analysis of the action will be made taking into account that there are discrepancies regarding the attribution of responsibility of the persons legal entities, arguing that the ability to act is specific to natural persons, therefore the perspective regarding the action surrounding the legal entity will be disclosed.