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The  paper deals with a concept of culpability for legal persons. To achieve this objective, special consideration is given to compliance programs adopted before the commission of the crime or administrative offense. Essentially it coincides with the idea developed by German dogmatics and conceives it as organisational fault. In that context, the role of compliance programs and their effectiveness in the determination of the specific sanction is examined. The idea is defended that they can operate by attenuating and, exceptionally, excluding responsibility. It goes beyond what has hitherto been the usual criterion, especially in the context of the law on competition.

CRIMINAL AND ADMINISTRATIVE CULPABILITY OF LEGAL PERSONS AND COMPLIANCE PROGRAMMES