Critical reflections on the regulation in the Spanish Criminal Code of the criminal liability of corporate entities in crimes against public health

Abstract

Corporate entities can be convicted if one of their members willfully commits any of the crimes against public health listed in articles 359 to 365 of the Spanish Criminal Code. Some authors consider that criminal liability can also be attributed to these entities if any of these crimes are committed through recklessness. However, we must reject this interpretation, since the literal wording of articles 366 and 367 of the Criminal Code shows that it is not possible. On the other hand, the drafting of article 369 bis of the Criminal Code, which regulates the criminal liability of corporate entities for drug trafficking crimes, must be criticized, as it incomprehensibly leaves out the particularly serious cases of drug trafficking provided for in article 370 of the Criminal Code. There is no provision for criminal liability of corporate entities for the crime of trafficking in precursors under article 371 of the Criminal Code.