TWO CONTRA LEGEM INTERPRETATIONS OF THE SYSTEM OF EXEMPTION OF LEGAL PERSONS FROM CRIMINAL LIABILITY (ART. 31A(2) AND (4))
Keywords:
attribution and exemption, double route, abrogansAbstract
A simple model, two different attribution and exemption criteria and the underlying reasoning. The notorious: two different channels for attributing criminal liability to a legal person. The explanation of the double route in the 2015 Spanish model: the specific nature of watching the watchman. The proposed interpretatio abrogans by the Supreme Court and the Public Prosecutor's Office. The Supreme Court's proposal: repeal the more stringent system, generalise the less stringent regime. The proposal of the state prosecutor's office: repeal the less stringent system, generalise the more stringent system.
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