The Colombian corporate regime has had, over the years, various modifications of this form, it is required not only to update the different legal vehicles available in the local legal system, but also the responsibility regime of the administrator. The Colombian legal system not only find rules that regulate the responsibility of administrators in commercial matters, we can also find situations of criminal liability of administrators.Based on the aforementioned regulation, the Legislator has understood that the company is a fundamental actor in the economic development of a society like ours in which it is intended to achieve the essential purposes of the State adopted by the constituent of 91. Given this , and in the face of the overwhelming growth and expansion of the different companies, thanks to market economies, there has been a rise in business or corporate crime, which in its different interaction scenarios with other market agents and even with other States have resulted in the use of the corporate figure as a mechanism for breaking the law. In such a way that, for some years now, legislation has been made so that different companies adopt the so-called compliance or Compliance programs. The adoption of these programs by companies is based on assumptions of guaranteeing an ethical culture at all hierarchical levels of the business organization in search of a leading role and utility in business models and the relationship of companies with different actors that attend the market. These compliance programs are associated with the fact that the company, through internal regulation, has preventive mechanisms for control and mitigation of different corporate risks, depending on the segment of the economy in which they are and the business model, in order to achieve a genuine ethical commitment of companies and faithful compliance with the legal system and standards of conduct, integrity and transparency of good corporate governance. With the aim of developing the aforementioned issue and achieving the proposed objectives, in this work a doctrinal and jurisprudential study will be carried out of the sources that have delved into the two main issues raised (namely, the responsibility that is demanded of the administrators of mercantile companies for their actions and the design and implementation of compliance systems). This, in order to seek approaches to the most relevant legal concepts for this research and delve into the various points of view that the academy has theorized on the subject.
publication date
April 9, 2021 7:36 PM
Research
keywords
Administrators criminal liability for business crimes
Compliance programs
Criminal liability in a legal person
Criminal liability of administrators against business crime
