Business risk management and criminal responsibility: The natural person’s responsibility —manager, administrator or factual/legal representative of a legal person— for breaching control and monitoring duties.

Abstract

This work focuses on analysing the potential liability of natural persons within a business enterprise as a result of their breaching the control and monitoring duties. Firstly, I explore the concept of criminal liability of legal persons with regard to business risk management duties. Secondly, I study the managers’ responsibilities in relation to the crimes committed by their subordinates, such as commission by omission and embarking on a particularly dangerous course of action.