6533b826fe1ef96bd1283d78
RESEARCH PRODUCT
Sanctions for Legal Entities in South American and European Systems of Corporate Criminal Liability
Vincenzo Militellosubject
Scope (project management)Corruptionmedia_common.quotation_subjectLiabilitySanctions for corporations comparative criminal law harmonisation of systems of corporate liabilityLegislatureHarmonizationPolitical sciencemedia_common.cataloged_instanceSanctionsOrganised crimeEuropean unionSettore IUS/17 - Diritto PenaleLaw and economicsmedia_commondescription
The present analysis of sanctions for cases of liability of legal entities for crimes (corporate criminal liability) adopts a two-fold comparative perspective. First, it focuses on the sanctions provided by the laws of those legal systems, in South America, which introduced such liability, especially in the last two decades after the United Nations’ treaties on organized crime and corruption. Then, it continues with a parallel overview of sanctioning choices in those Member States of the European Union which opted for such liability. The analysis highlights similar and different approaches both in the two contexts and within each of them. Overall, a process of “weak harmonization” of sanctioning choices emerges among the different legal systems of corporate criminal liability considered. Lastly, some further proposals for legislative action are presented, which aim at stimulating the progress of a shared line of response towards corporate criminal liability in terms of sanctions. This shared response becomes more useful as their international scope expands.
| year | journal | country | edition | language |
|---|---|---|---|---|
| 2021-11-01 |