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Las potestades públicas como criterio delimitador de responsabilidad penal en las sociedades mercantiles públicas

Translated title of the contribution: Public powers as a criterion for delimiting criminal liability in public companies

Research output: Contribution to journalArticleResearchpeer-review

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Abstract

Article 31 quinquies of the Criminal Code has two sections. In summary, the first of these determines that legal entities in the public sector cannot be held criminally liable, while the second section, on the other hand, exempts public commercial companies from the aforementioned criminal irresponsibility, which, if the conditions set out in Article 31 bis of the Criminal Code are met, can be criminally convicted. In any case, in the last paragraph of the first section of Article 31 quinquies of the Criminal Code, the legislator ends by pointing out that those entities that exercise public sovereign or administrative powers will not be criminally liable either.
Thus, the specific question that I am going to try to resolve in this study is the following: can those public commercial companies that exercise public administrative powers be criminally punished?
Translated title of the contributionPublic powers as a criterion for delimiting criminal liability in public companies
Original languageSpanish
Pages (from-to)1-29
Number of pages29
JournalEstudios Penales y Criminológicos
Volume47
Issue numberExt.
DOIs
Publication statusPublished - 23 Sept 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • public authorities
  • public companies
  • criminal liability of legal persons
  • public commercial companies

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