La responsabilidad penal del oficial de cumplimiento

Abstract

This article analyzes the possibility of attributing criminal responsibility to the compliance officer within the framework of the application of regulatory compliance programs. To achieve this goal, this article explore the compliance officer’s role in companies as a prevention Secondly, its anchorage in criminal dogmatics is analyzed with special emphasis on the institution of the guarantee position. The objective of the work is focused on determining whether it is possible to charge him with the performance of an omission crime for the non-avoidance of the act committed by the natural person who is part of the company. After an analysis of legal sources from countries such as the US, Germany, and Spain, it is concluded that although the compliance officer is not a guarantor of crime avoidance, it can respond by virtue of the so-called mediated authorship by omission.