La responsabilidad penal de las personas jurídicas en la jurisprudencia chilena

Abstract

This paper presents a critical study of the Chilean case law pronounced on the Corporate Criminal Liability. The objective is to critically analyse how the Courts are understanding and applying the theory of crime in cases where criminal responsibility is attributed to a collective entity. Special attention is given to the application of legal requirements to consider liable the legal person and the duty of motivating criminal sentences. The paper highlights the possible violation of a fundamental right to due process based on the lack of motivation of the courts when it comes to substantiating the Corporate Criminal Liability.