Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The objective of this article is to make an approximation to the criminal legal effects related to the adoption of a compliance system certified according to the Spanish standard UNE-ISO 37301:2021 called compliance superstructure in contrast to the eventual adoption of a make-up-compliance by companies.

This paper presents the reasons for thinking that compliance programs break some of the guiding principles of ius puniendi. Paradoxically, this bankruptcy does not go in the sense of allowing the ius puniendi to overflow, but in the sense of delegitimizing the punitive action of the State. First, compliance programs violate the principle of legality, whether a model of self-responsibility or hetero-responsibility of legal persons is defended. Second, they call into question the principle of effectiveness of the penal norm, in as much as the possibilities of its application are conditioned to the regulatory self-management of the recipients of the former. Third, the use of compliance programs as an element of the criminal liability of legal persons means avoiding the principle of harmfulness or exclusive protection of legal assets, particularly from a self-responsibility model.

The purpose of this paper is to provide a brief critical analysis of the novel mechanisms for accessing and exchanging information provided for in Organic Law 9/2022 of 28 July, which establishes rules to facilitate the use of financial and other information for the prevention, detection, investigation or prosecution of criminal offences in order to facilitate and make effective the investigation of certain serious crimes and the identification and recovery of the property and assets derived from such crimes.

The aim of this paper is to reconsider anticorruption from a regulatory perspective. In fact, while regulation used to be considered the first and most powerful tool for combating and preventing corruption, paradoxically, laws and regulations provide opportunities for rent-seeking and can be frequently used as tools for profit. When a regulation establishes administrative activities and controls, for example, it makes public agents more vulnerable to bribery or other illicit exchanges. This approach requires an integrated regulatory anticorruption strategy –enriched by contributions from behavioral sciences– that combines different tools. Such a strategy would involve better regulation tools, such as simplification as well as ex ante and ex post assessment of legislation and regulation; transparency about the interests affected by legislation and involved in the process of making law; assessment of regulation for potential corruption; anticorruption management of existing stock of regulations.

In light of the exhaustion of fines as a traditional sanction for legal entities, it is necessary to reevaluate a penology for legal entities from a new perspective. The notion of corporate legitimacy presents a novel avenue through which to channel these sanctions. his is particularly pertinent in instances of corruption, where authentic redress of harm or a preventive effect are difficult to achieve is arduous to attain via mere economic criminal liability. A succinct reflection on these aspects is presented.

The fight against corruption is one of the most topical issues in Economic Criminal Law. The proliferation in our society of legal actors of a public and private nature with an increasingly complex structure and organization, together with the process of internationalization of companies, are two key factors in the formation of a scenario conducive to corrupt activities. The aim of this paper is precisely to identify the advances and challenges faced by Criminal Law in this area through the study of different means of combating corruption. The results of this report are identified with the reflections presented and conclusions reached by the speakers at the International Congress «Means for the prosecution and repression of corruption», organized by the Criminal Law Department of the Carlos III University of Madrid which took place on 27 October 2022.

The purpose of this commentary is to make a brief summary of the most relevant contributions of the text and its articulation to constitute a relevant advance in the study of corruption globally

Este artículo reseña: Profesor Joseph Raz (1939-2022). In memoriam

The ability of charter schools to select the most socio-economically advantaged students is one of the reasons for the growing school segregation in Spain. Even though compulsory education must be provided free of charge, in order to guarantee freedom of choice for all families, the charging of so-called «voluntary fees» is widespread. These are justified by the provision of complementary activities. The ambiguity of the precepts regulating such activities became apparent during the state of alarm caused by the COVID-19 pandemic. As a result, regions such as the Community of Madrid or Catalonia rushed to enact measures to guarantee the real voluntary nature of these activities and/or the equity regardless of the socio-economic capacity of the families. This paper aims to explain why, paradoxically, trying to ensure that these activities are voluntary and even free of charge moves us away from the goal of achieving a fair educational system.

This paper seeks to analyze the protection of social rights in the Colombian and Spanish legal systems based on the constitutional regulation of these rights and the guarantee techniques used by the Colombian Constitutional Court and the Spanish Constitutional Court.