Уголовная ответственность юридических лиц в Испании: становление и общие положения

Abstract

The article is dedicated to issues of criminal liability of legal entities in the Kingdom of Spain. It is noted that Spain refers to the countries whose criminal laws are codified only in part and include special laws in addition to the national criminal code. Criminal liability of legal entities is established and regulated by the Criminal Code as well as by special criminal laws. Gradual introduction of criminal liability of legal entities in Spain by means of corresponding amendments to criminal laws is reviewed. Attention is directed to the fact that the decisive role in the establishment of criminal liability of legal entities is played by Spain’s membership in the Council of Europe, the European Union (EU) and the Organization for Economic Cooperation and Development (OECD), which impose requirements for bringing national laws of the member states in compliance with the standards of such international organizations in terms of introduction of criminal liability of legal entities. It is noted that the Criminal Code of Spain has initially included only provisions on civil liability of legal entities and has been supplemented with provisions on criminal liability of legal entities later. Amendments to the Criminal Code of Spain introduced in 2010 and establishing criminal liability of legal entities as well as further legal novelties regulating such liability are analyzed. The range of subjects of criminal liability established for legal entities and legal entities immune from such liability are indicated. Attention is directed to the issues of bringing to criminal liability of legal entities having lost their legal personality as a consequence of merger, acquisition, split-up or liquidation after committing a crime. It is noted that legal entities may be brought to liability not for any crimes stipulated by the national laws, rather just for some of them, specifically described in the criminal laws.