Open AccessEvitação do dolo por dirigentes de empresas nos delitos relacionados à atividade empresarial
Author(s) -
Thomas Rönnau,
Christian Becker
Publication year - 2022
Publication title -
revista do instituto de ciências penais/revista icp
Language(s) - English
Resource type - Journals
eISSN - 2675-5874
pISSN - 1809-192X
DOI - 10.46274/1809-192xricp2022v7n1p23-45
Subject(s) - criminal liability , mens rea , liability , criminal responsibility , law , business , control (management) , criminal law , political science , criminology , management , law and economics , sociology , economics
In most of the corporate crimes, the managers are not directly involved in carrying out the criminal offense. However, they can be held responsible for omission, when they fail to take the necessary measures to prevent the criminal conducts committed by their subordinates. To establish that responsibility, they must have acted with criminal intent (dolus directus) or at least with dolus eventualis. In this article, the authors examine the conditions of mens rea in criminal omissions by company directors regarding facts carried out by their subordinates. After examining the legal definition of criminal intent, they especially highlight the requirements for its procedural determination. Finally, they describe the administrative liability of legal entities for the failure to control illegal acts of employees, a responsibility that does not depend on the intent of the managers.