La responsabilidad penal de la persona jurídica de derecho privado en Colombia

Abstract

The purpose of the study is to describe the constitutional, legal and jurisprudential framework of the foundations of the criminal responsibility model of legal persons of private law in Colombia, for which a qualitative and descriptive approach research was carried out, going to the consultation of printed and electronic documents as the main research instruments, addressing theories such as the societas delinquere non potest doctrine, the role of ius punendi of the state, the antithesis entry univеrsitas and singuli, the Cοmmοn Law in contrast to Civil Law, among others. Among the most relevant results are the analysis of the evolution and development of criminal liability of private law legal entities, the identification of the theoretical, legal and jurisprudential construct that develops the subject under study and the importance of the model applied in Colombia on criminal liability in legal persons under private law. All this allows that despite the fact that in Colombia there is a need, and a normative duty by international conventions, to have a regulation that regulates criminal responsibility in legal persons under private law, its approval has not been possible in the legislature.