| dc.description.abstract | This research tries to demonstrate and explain what are the necessary foundations to argue about the regulation of a specific cause of dissolution for those societies that are built for illegal purposes, like the improvement of the principle of ancestry Roman-Germanic known as societasdelinquere non protest , and in that sense, it expressly permits the penal responsibility of societies that are built with those illicit purposes. For this reason, we have researched and analyzed the content of the fundamental right of freedom of association from a perspective of constitutional doctrine and pronouncements of the Peruvian Constitutional Court, as well as foreign constitutional courts, we have made the study of international conventions; and it has also made the deep analysis of the constitutionally recognized rights of free enterprise. In that sense, from various angles of argument, especially from the contributions of civilian law, registration law and the new societal law, they have been studied various legal sources, such as doctrine, international conventions, national and comparative law and jurisprudence, so that allows us to understand the nature of the legal person, their classification, their autonomy, their purpose, their bodies, their ability and their elements; and it has also been analyzed to society, its nature, its characters, its forms of constitution and classification, its order and legality, the grounds for dissolution, which also analyzes the absence of specific grounds for dissolution by the illicit end act in which they are constituted, and finally analyzed the Registrar of Companies. From the criminological perspective criminal law and criminal doctrine, the law and criminal legal and penal standard, the function of criminal law against society and legally protected by the rule, the punitive function of the State and its limits manifest analyzed in the form of principles, and the theory of crime; we have also studied the action, its criminal legal concept and its normative regulation, the capacity for action of legal persons, Causation and subjective; the ability of guilt, especially of the legal person; and it has also studied the legislative and judicial history of national criminal responsibility of legal persons, criminal liability systems and the system of ancillary consequences applicable to legal persons recognized in the art. 105. of the Criminal Code in Perú, and finally the legal nature of these superfluous consequences. Following this line of thinking, we have analyzed the legal recognition of the legal person as a procedural person in the new penal proceedings and in national jurisprudence, the crisis of the principle of societasdelinquere non potest, the arguments for and against the express recognition of criminal liability of legal persons, the recognition of direct criminal responsibility of the legal person in comparative legislation and the application of sanctions applicable to legal persons constitute unlawful purposes. And finally, we have analyzed the criminal liability of corporations, especially those that are only for illegal purposes, whose proposal is the dissolution and liquidation exclusively for those companies known as "only as a façade", because they have a defect of organization, whose purpose, even before its constitution, is to commit unlawful acts, and the effects which will take as a result of the application of the solution by way of criminal penalty. This has helped us to address the problem critically analyzed in depth the concepts and legal nature of the proposed legal institutions. Thus we have proposed what we consider more convenient and favorable for a better administration of justice, predictability and legal certainty of our legal system, and the protection of property, interests and rights of people in general. | |
