Criminal Law Student Congress – Universidad de los Andes

The actual dynamics of commertial and business relationships prompt an important question for criminal law: must companies and partnerships be held accountable for unlawful acts committed via their own organizations? It is necessary to disregard the old latin proverb “societas delinquere non potest”. In fact, it is commendable to replace it for another consideration: every legal entity has an obligation to guarantee lawfulness within its business scope and to prevent unlawful actions that could be undertaken in the midst of its business activities. Therefore, when the legal entity ́s internal structure fails to account for the necessary protection against risks that could endanger safeguarded legal rights of third parties, or when such structure is used as a vehicle to commit criminal acts, such company or partnership must be prosecuted.