Abstract

PETRO GONZALEZ, Ingrid Regina; MOSQUERA RENTERIA, Jennifer  and  TORRES MOLINA, Luz Elena. The criminal responsibility of legal persons as a legislative omission in ColombiaA responsabilidade penal de pessoas jurídicas como omissão legislativa em Colômbia. Rev. Crim. [online]. 2014, vol.56, n.3, pp.87-102. ISSN 1794-3108.

The criminal responsibility of legal persons is one of the most controversial study topics in both Colombia and the globalized world. This is why analyzing the subject elements is relevant from an academic and practical point of view. Objective. Gather some notions about the criminal responsibility of collective bodies, the Colombian Constitutional Court considerations on this respect, the current situation of debate in Colombia, and constitutional control by legislative omission. Methods. Bibliographical and jurisprudential analysis. En Colombia there is a protection deficit with respect to legal assets likely to be affected by legal persons. Notwithstanding that, the response of the Colombian legal order vis-à-vis the effects of this criminality is unclear and, for this reason, the normative production in this regard could very well be included within the framework of what is deemed by the constitutional doctrine to be a legislative omission. Conclusions. Confusion around the nature of the normative provisions governing the participation of legal persons in the criminal process has hindered the legislative development of their fundamental rights.

Keywords : Criminal justice system; organized criminality; codification of criminal law; criminalization mechanisms; legal persons.

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