Autorregulación e imputación penal de la persona jurídica en España y Chile

Resumo

This article addresses the main criminal policies consequences from the legal persons criminal liability regulations established in Spain and Chile, dividing their evolution into three stages. Factors such as economic globalization and impunity traditionally have benefited legal persons, especially in the face of major corruption scandals. These elements have pushed the action of international organizations such as the OECD towards the adoption and promotion of a legal person criminal policy based on an increasingly preventive instead of a repressive approach. This article analyzes the most relevant aspects of both jurisdictions in response to the different reforms that have been implemented in each country over the last ten years. Based on this comparative analysis, we suggest that the influences of the Chilean model on the Spaniard system have been significant, especially since 2015.