Consideraciones críticas sobre la responsabilidad penal de los partidos políticos como instrumento de lucha contra la corrupción

Abstract

This article critically addresses the attribution of criminal liability to political parties in the Spanish Penal Code since 2012. To this end, this article refutes the arguments developed by the defenders of establishing criminal liability for political parties. These considerations focus on the fact that political parties are focal points of corruption, on their nature as private institutions, its consideration as an EU´s obligation, or that such criminal liability of political parties would be a consequence of the promotional function of criminal law. In addition, the article highlights additional arguments advising the inconvenience of establishing criminal liability for political parties, such us the difficulties deriving from transferring such criminal liability created for companies to political parties, as well as those arising from the selected crimes that can be attibuted to them and the penalties that would be imposed to them.