El actuar en lugar de otro y la responsabilidad penal de las personas jurídicas: significado previo y posterior a la reforma del Código Penal

Abstract

The provision in Spanish Penal Code of criminal liability of legal persons has not altered the “act on behalf of another” rule of article 31. Previously, this rule has played an important role to avoid indesirable impunity situations regarding some special offences, due to the traditional non-liability of legal persons in Spanish Criminal Law. Taking into account the indeniable connection between both legal provisions, this paper provides an analyse of the rol that, before and mainly after the reform, carry article 31 Penal Code out, specifically in the field of special offences in the strict sense in which the legal person can be held responsible.