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    Core Elements of Corporate Policies as the Foundation of the Organizational Deficit in Corporate Criminal Liability
    (Centro Estudios Derecho Penal, 2023-12-01)
    The various contributions in the current discussion on the criminal liability of companies have focused on the development of the element of the organizational deficit as a foundation of corporate criminal liability, particularly in the continental legal tradition. The legal doctrine has generally identified the organizational defect with issues of deficits in corporate structures or cultures. However, the focus of this research places emphasis on the study of illegal corporate policies and how these policies can encourage or favor the commission of crimes by members of the corporation. In this article, I maintain that the legal professionals should consider the policies as a third way of substantiating the organizational deficit within the framework of the company's criminal liability, and that policies do not always have timely consideration through organizational deficits of a structural or cultural nature.
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    La autonomía de la responsabilidad penal de las personas jurídicas en el Perú: una breve referencia a las empresas de pequeñas dimensiones
    (Pontificia Universidad Católica del Perú, 2025-12-19)
    The introduction of criminal liability for legal entities in various legal systems has raised several questions about this type of liability. Many studies focus on political-criminal and doctrinal debates, as well as the discussion regarding the criminal or administrative nature of this liability. However, another highly relevant aspect in the current debate is the discussion of more specific issues, such as the current system of attribution, its elements and its degree of autonomy. This article addresses these issues and argues that Peru adopts a mixed attribution model, in which the liability of the corporation is partially autonomous from the criminal liability of the natural person, and whose elements are the connection fact and the organizational deficit.
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