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A doctoral thesis presented at the University of Murcia by counsel Jacinto Arias Perez notes that the conceptual ambiguity of the article introduced in the Criminal Code to determine the liability of legal persons may violate principles such as legality and legal certainty.
The research, which has obtained excellent cum laude, says it will be the law that is responsible for shaping and defining the model criminal liability of the legal person, so the risk noted above will be avoided.
For the new doctor, "accept an idea corporate admit guilt involves a pure theoretical and extremely speculative vision."
Arias Perez also notes that "it is accepted, as it can not be otherwise, that legal persons involved in the legal and economic traffic coming to participate in criminal activities, but such participation is purely instrumental, can not be directly targeted but indirect, of the Criminal Law. "
Study author also believes that the legislature, by incorporating this responsibility to the Criminal Code, improvised the procedural status of these people.
The dissertation was directed by Professor of the University of Murcia Jaime Peris and tried by a tribunal chaired professor at the University of Granada Lorenzo Morillas.
Source: Universidad de Murcia
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