The Autonomy of Corporate Criminal Liability in Peru: A Brief Reference to Small Businesses

Abstract

The introduction of criminal liability for legal entities in various legal systems has raised several questions about this type of liability. Many studies focus on political-criminal and doctrinal debates, as well as the discussion regarding the criminal or administrative nature of this liability. However, another highly relevant aspect in the current debate is the discussion of more specific issues, such as the current system of attribution, its elements and its degree of autonomy. This article addresses these issues and argues that Peru adopts a mixed attribution model, in which the liability of the corporation is partially autonomous from the criminal liability of the natural person, and whose elements are the connection fact and the organizational deficit.