Although the Pandemic has delayed, among other factors, the application in specific cases of Law 27,401, the constant process of training in this matter of the operators, both judicial and the Public Prosecutor’s Office, make it possible to presume that soon will begin to appear cases of imputation to Legal Persons for the crimes provided therein.
The Americanization of Criminal Law has implied the reception into our criminal system of criminal policy strategies that, until not long ago, were strange to it. The inclusion of figures such as the repentant, internal investigations, the collaboration of companies with the State in the investigation of crimes, self-regulation and the organization of companies in Compliance are a clear example of the “macdonaldization” of criminal business law.
This process has been forcing us to speak a universal language, leaving aside, at least in some aspects, the eternal differences between Continental European Law and Common Law.
The causes of this so-called Americanization are undoubtedly very varied. However, the existence of conventions, agreements or recommendations of international organizations such as OECD, WTO, World Bank, International Chamber of Commerce, European Union, Council of Europe, United Nations, have universalized North American legislative models.
Self-regulation within the company creating systems of compliance with the law –Compliance Programs- assumes a relevant role in this context. Although it is true that the guidelines of good corporate governance already raised these requirements, with the enactment of Law 27,401, these parameters assume the quality of legislative guidelines with an important series of benefits for the company, highlighting, without a doubt, the fact of being part of the group of corporations that organize to fulfill.
But of course, the State does not stop there and that self-regulation of companies based on their natural instinct for self-preservation, gave way to the regulated self-regulation in which we are currently. At this stage, it is the State that, through a series of economic or legal incentives, tries to make companies self-regulate.
Although our country has not yet reached the stage of the command or control model where it is obliged, even under administrative or criminal responsibility, to incorporate compliance programs that must in turn have certain characteristics, there are indications that the State continues to walk in that direction.
One of them is the obligation to have compliance programs for some companies that contract with the State. The other, the preparation within the framework of the Anti-Corruption Office of the so-called RITE -Integrity and Transparency Registry for companies and entities- where legal entities can voluntarily register and submit their compliance programs to evaluation and qualification.
All of this implies one more step in a constant process of creating citizens into quasi-state officials.
Doctor in Criminal Law and Criminal Sciences UPF-Barcelona. Professor Austral University. Partner Ramírez & David Abogados.
Source From: Ambito
