Abstract

The Spanish Criminal Code either excludes certain legal persons from criminal liability or limits the penalties applicable to them. These are State bodies and companies created or controlled by the State that are used to carry out certain public services, which blurs the boundaries between public law and private law and, at the same time, brings concepts of administrative law into criminal law. This raises interpretative problems that criminal law must solve autonomously from administrative law. This paper is devoted to analysing these problems and putting forward arguments for their interpretation.

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