Comparative Models and the Theory of Crime in the Criminal Liability of Legal Persons

Abstract

The criminal liability of legal persons has become one of the most relevant topics in contemporary legal doctrine. This article first examines the comparative models of Spain, Chile, and Mexico in order to identify the normative foundations that support the criminal imputation of legal persons. It then analyzes the Mexican state framework, characterized by marked legislative heterogeneity among jurisdictions that establish catalogs of offenses, those that regulate compliance or prevention models, and those that have not developed specific regulations. Finally, the article develops the theory of crime as applied to legal persons as an operational axis for the investigation and proof of due control as provided in Article 421 of the National Code of Criminal Procedure.