Challenges facing corporate criminal law in our time
Keywords:
Compliance, Quasi-criminal organizations, Cognitive biases, Criminal liabilityAbstract
This article argues that contemporary economic criminal law must face three essential challenges: (i) redefining the boundary between lawful and unlawful organizations; (ii) integrating theories of human behavior beyond the rational egoistic subject, including cognitive and volitional biases; and (iii) reviewing the political bases that led to its excessive expansion. Within this framework, four types of organizations are distinguished: criminal enterprises, quasi-criminal enterprises, criminal disorganization, and entities with ex ante compliance programs. Compliance programs emerge as indispensable pillars, as they condition the attribution of criminal responsibility and the effectiveness of internal control.
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