Can companies be criminally sanctioned?
Do the actions in benefit of the company of the administrators and collaborators of the company generate criminal liability?
In both cases the answer is yes. The absence of control and protocols behavior of administrators (managers, representatives, directors) and collaborators (employees and suppliers of goods or services) who facilitate the commission of a crime against public office and generate a material benefit to the company can generate criminal liability for the company, liability which translates into financial sanctions, suspension of activities, closure and business closure, etc.
The book “The criminal liability of legal entities” by Oscar G. Mena Villegas is not only the first Costa Rican monograph on the subject, it constitutes a reference work for lawyers, prosecutors and judges who need to know the form and reasons why a legal entity must face a process criminal as an accused.
Regardless of the academic discussion on the feasibility of sanctioning criminally a company, this investigation describes, deepens and questions the legally established mechanisms to sanction legal entities of legally established mechanisms to sanction private legal entities of private character.
Likewise, it highlights the importance for the company of having training programs.
Additionally, it highlights the importance for the company of having regulatory compliance programs or control and assurance programs for the various regulatory compliance or control and assurance programs for the various activities carried out in the company as part of its line of business activities that are executed in the company as part of its line of business (compliance programs) to guarantee the legality of the business activities and avoid the reputational and economic risks that a criminal process entails for any natural or legal person.
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