Examinando por Autor "Romero Aquino, Oscar Martin"

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Acceso abierto
La responsabilidad de los accionistas en el cumplimiento de la sanción penal impuesta a la sociedad anónima cerrada
(Universidad Privada Norbert Wiener, 2018-12-21) Romero Aquino, Oscar Martin; Raffo Ibarra, Guillermo Alejandro
If we take into account what Abanto, M (2009) writes about the progress that has been made in the field of criminal liability of legal persons "if you look carefully, the traditional arguments against this criminal responsibility could not be distorted from the perspective of penal dogmatics; and this for a simple reason: not only the capacity for guilt but also all criminal categories have been constructed by and for individual activity. The criminal imputation continues referring to natural persons, although it takes for it, as reference, the operation of the business organizations (domain of the organization). it must be recognized that criminal imputation would not be possible for the employer where duty is excluded because there has been a delegation of duty". The objective of the present investigation was to establish the criminal liability of the partners and their relationship with compliance with the criminal sanction imposed on the legal entity. The study corresponds to the applied type and non-experimental design, the population was represented by professionals in criminal law and the sample was formed by 40 lawyers. The technique used was the survey and the instruments were the questionnaires. The Spearman correlation coefficient test was applied to corroborate the hypotheses of the study.