CRIMINAL LIABILITY OF LEGAL PERSONS IN PERU: A REEVALUATION OF THE APHORISM SOCIETAS DELINQUERE NEC PUNIRE POTEST FROM AN ANTI-CONCEPTUALIST APPROACH; [RESPONSABILIDADE PENAL DAS PESSOAS JURÍDICAS NO PERU: UMA REAVALIAÇÃO DO AFORISMO SOCIETAS DELINQUERE NEC PUNIRE POTEST A PARTIR DE UMA PERSPECTIVA ANTICONCEITUAL]

Pérez E.I.H.; Apaza K.B.; Cotrado I.M.R. · Revista Direito GV (2023) · DOI: 10.1590/2317-6172202341

Resumen

This article aims to address the problem of criminal liability of legal persons with special attention to the case of Peru and through an anti-conceptual approach. For this purpose, first, an anti-conceptual definition of a legal person is presented; secondly, the main theoretical models that deny or accept criminal liability regimes of legal persons are addressed; thirdly, an explanation is offered about the changes in the regulations on the liability of legal persons in countries that have adopted a continental legal system; and, fourthly, the liability regime adopted in Peru is defined. After a review of various documentary sources related to the objectives set, we conclude that the aphorism societas delinquere nec punire potest is not an irrefutable dogma, but rather a political issue. Therefore, the adoption of a model of criminal liability of self-responsibility for legal persons is plausible, both with respect to Peru and with respect to other countries that have adopted a continental legal system.

Instituciones: Universidad Privada de Tacna