El artículo no presenta resumen.

No presenta resumen

Esta obra se inserta en la discusión de la responsabilidad penal en elinterior de las organizaciones que se erigen en función de los principiosde jerarquía y división del trabajo, en donde quien controla la estructurade poder se aprovecha de la disposición de sus integrantes a cumplir susdirectivas para cometer delitos.

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In this paper, the author analyzes article 15 of the Peruvian Penal Code, which establishes a case of criminal unaccountability for cultural diversity. Following Zaffaroni’s argument, the author claims that in the error of culturally conditioned understanding, the subject knows the prohibitive norm; however, due to cultural reasons, he or she cannot internalize it; that is, he or she lacks the capacity to understand and behave according to that understanding. In that sense, the author questions that the doctrine and the jurisprudence understand that this article refers to a supposed ignorance of the illicit act, when in fact it is a lack of understanding of the criminal nature of the act, because the agent belongs to a different culture than the one that underlies the legal system. Under this understanding, criminal unaccountability for cultural diversity represents a more democratic a...

El entrevistado responde temas relacionados con la Reforma Procesal Penal , garantías del gobierno para el desarrollo de la Reforma y el uso de las nuevas tecnologías.

In the business environment, particularly in a company, collective agreements determine the stability and continuity of the company. The approval of such agreements must therefore be carried out in accordance with national company law. However, as the author points out, unlawful collective decisions can have criminal consequences. In this sense, the aim of this article is to determine who may be criminally liable on the basis of the role played by the person in preparing or signing the agreement; what is the scope of unlawful executive agreements and agreements that require subsequent execution; and how the principle of reliance and mistake of type should be assessed in these cases.

Legitimacy of criminal sanction is originated on its own purposes pursued in a state governed by the Rule of Law. That legitimacy should include the penalty as well as security measures, bearing in mind that both are imposed to someone breaking a rule of conduct, and therefore, someone capable to do it. Reviewing penal capacity or criminal liability concepts is required because if penal capacity means the capacity to understand the reality and adjust the behavior to it, and if every legitimate criminal sanction have to be imposed to someone who have the capacity of break it, then security measures also have to be imposed only to people responsible, capable to understand rules and act in accordance. With regard to people not subject to criminal liability they are standing outside Criminal Law and punish them would be illegitimate. In this line, criminal liability should be seen not only a...

El artículo no presenta resumen.

El entrevistado responde temas relacionados con la Reforma Procesal Penal , garantías del gobierno para el desarrollo de la Reforma y el uso de las nuevas tecnologías.

Esta obra se inserta en la discusión de la responsabilidad penal en elinterior de las organizaciones que se erigen en función de los principiosde jerarquía y división del trabajo, en donde quien controla la estructurade poder se aprovecha de la disposición de sus integrantes a cumplir susdirectivas para cometer delitos.

El artículo no presenta resumen.

No presenta resumen

No presenta resumen

Legitimacy of criminal sanction is originated on its own purposes pursued in a state governed by the Rule of Law. That legitimacy should include the penalty as well as security measures, bearing in mind that both are imposed to someone breaking a rule of conduct, and therefore, someone capable to do it. Reviewing penal capacity or criminal liability concepts is required because if penal capacity means the capacity to understand the reality and adjust the behavior to it, and if every legitimate criminal sanction have to be imposed to someone who have the capacity of break it, then security measures also have to be imposed only to people responsible, capable to understand rules and act in accordance. With regard to people not subject to criminal liability they are standing outside Criminal Law and punish them would be illegitimate. In this line, criminal liability should be seen not only a...

El entrevistado responde temas relacionados con la Reforma Procesal Penal , garantías del gobierno para el desarrollo de la Reforma y el uso de las nuevas tecnologías.

Esta obra se inserta en la discusión de la responsabilidad penal en elinterior de las organizaciones que se erigen en función de los principiosde jerarquía y división del trabajo, en donde quien controla la estructurade poder se aprovecha de la disposición de sus integrantes a cumplir susdirectivas para cometer delitos.

No presenta resumen

Legitimacy of criminal sanction is originated on its own purposes pursued in a state governed by the Rule of Law. That legitimacy should include the penalty as well as security measures, bearing in mind that both are imposed to someone breaking a rule of conduct, and therefore, someone capable to do it. Reviewing penal capacity or criminal liability concepts is required because if penal capacity means the capacity to understand the reality and adjust the behavior to it, and if every legitimate criminal sanction have to be imposed to someone who have the capacity of break it, then security measures also have to be imposed only to people responsible, capable to understand rules and act in accordance. With regard to people not subject to criminal liability they are standing outside Criminal Law and punish them would be illegitimate. In this line, criminal liability should be seen not only a...

In the business environment, particularly in a company, collective agreements determine the stability and continuity of the company. The approval of such agreements must therefore be carried out in accordance with national company law. However, as the author points out, unlawful collective decisions can have criminal consequences. In this sense, the aim of this article is to determine who may be criminally liable on the basis of the role played by the person in preparing or signing the agreement; what is the scope of unlawful executive agreements and agreements that require subsequent execution; and how the principle of reliance and mistake of type should be assessed in these cases.