25 years of Revista Penal and criminal policy: the decline of the “societas delinquere non potest” principle

Abstract

For 25 years, a model of ex crimine liability of legal persons has been established in Europe, based on acts committed by their managers or employees for the benefit of the corporation. The Italian and Spanish model is spreading through Latin America and has been enriched by the concept of “corporate culpability”, has been enriched by the concept “organizational culpability”, based on the lack of adequate organizational and management models for crime prevention. More recently, a reform project has also been launched in Germany for the introduction of a new and intermediate form of “corporate responsibility”;