Sobre la naturaleza jurídica de los modelos de prevención de delitos como eximente de la responsabilidad penal de la persona jurídica

Abstract

Circular 1/2016 of the State Attorney General’s Office of Spain points out that the question relating to the legal nature of the crime prevention models referred to by the CP after the 2015 reform depends on the solution adopted before the no less controversial question of the nature of the model for attributing criminal liability to the legal entity. Without prejudice to other suggestive approaches, the positions held on the matter that has just been raised are divided, in essence, into two large groups: those according to which the reference exemption from criminal liability would be due to the exclusion of the categories of atypicality or guilt, on the one hand; and those that consider, on the other hand, that the compliance defense would be linked, instead, to punishability. In the following lines, these positions will be presented and critically evaluated, as well as the conceptual budgets from which they start, to later develop my own personal positioning.