Authorship and participation in crimes committed within a corporation: ¿imputation by action or omission?
The organizational structure of a corporation complicates the imputation of criminal liability for each offender. However, it is a feasible task, if the dogmatic of activity or omission offence is made to be used. In Ecuador’s Positive Law, in the context of the crime of bribery, in the event that a...
| Authors: | ; |
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| Format: | Article |
| Status: | Published version |
| Publication date: | 2021 |
| Country: | Ecuador |
| Institution: | UCE |
| Repository: | Revista CAP Jurídica central |
| Language: | Spanish |
| OAI Identifier: | oai:revistadigital.uce.edu.ec:article/2897 |
| Online Access: | https://revistadigital.uce.edu.ec/index.php/CAP/article/view/2897 |
| Access Level: | Open access |
| Keyword: | Autoría mediata cohecho manipulación genética omisión impropia sociedad anónima Mediate authorship bribery genetic manipulation improper omission corporation |
| Summary: | The organizational structure of a corporation complicates the imputation of criminal liability for each offender. However, it is a feasible task, if the dogmatic of activity or omission offence is made to be used. In Ecuador’s Positive Law, in the context of the crime of bribery, in the event that a manager orders a range of power links to bribe a public official, he can only be charged with that manager provided that he takes cover of the author’s theory behind the author devised by Professor Friedrich Christian Schroeder. On the other hand, in the context of the crime of genetic manipulation, in case the criminal activity is ordered or consented to by the manager of a corporation with that turn of business, it will tend to use the structure of the wrong omissive crime to include criminal liability as an author to the manager, since health is one of the legal assets contemplated by Article 28th of the Organic Criminal Code; an objection in commission by omission of the author is fully admissible. |
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