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La imputación subjetiva en el Derecho penal económico

La imputación subjetiva en el Derecho penal económico
PID2020-115863GB-I00/ AEI/10.13039/501100011033

The problem of subjective imputation (in a broad sense, including all the subjective cost of the fet) in Economic Criminal Law (DPE) has been little investigated. The need to examine is clear if you pay attention to: (i) The regulatory complexities of the norms for complementing the laws in white or typus with typical elements of antinormativity. (ii) The trend towards the standardization of the legal positions of the interveners in the economic transit, which could lead to the objectivization of seva responsibility on the basis of implicit assumptions of knowledge. (iii) L'actuació dels actius subjects delictes economicoempresarials te lloc in a group context, organization. (iv) The hierarchy and the specialization of business activities raise the problem of the dispersion of knowledge. (v) The consequences of the numerus clausus regime in matters of imprudence. (vi) The hypothetical subjective dimension of the liability of legal persons. The basic research question is how to resolve the dilemma between a more objectivizing or standardized theory of subjective imputation and one that is more open to taking into account the individual circumstances of the subject, not just because of the cognitive dimension, but also because of the that fa to the volitional-emotional. It is gairebé sure that this basic question is not one that can be answered by radically embracing cap of the two extreme options. Our aim is to offer a systematic proposal in which a balanced model of subjective imputation to DPE is present. The general object of research is subdivided into set thematic blocks: (a) the dol to the DPE; (b) the delimitation of error forms in DPE; (c) recklessness, in particular, unconscious recklessness; (d) the forms of strict liability; (e) the error of prohibition and the specification of the normative requirements of seva invincibility; (f) the requirement; (g) all subject to the criminal liability of legal persons.

Some of the concrete research objectives that we intend to address are: elucidating whether the DPE has to be reconstructed in preferentially psychological or normative terms, cognitius or volitius; make a contribution to the delimitation of forms of error and, also mateix, als criteris d'invencibilitat, és a dir, d'actuació diligent to the scope of the company; confront with outlining an imprudent subjective imputation that supports the diversity of crimes, factual and legal situations, and objective tendencies; how to obtain the doctrine of European tradition from the discussion on strict liability; with reconstructing a realistic theory of the error of prohibition in the economic and business sphere, which fully distinguishes the circumstances of the subjects; the incidence of the organizational factor and the group dynamics as a debatable factor of attenuation due to diminished demands; and the question about the existence of some element subject to the criminal liability system of legal persons. The research group complies with a wide range of publications on DPE and has compiled some previous conclusions on aspects of the problem of subjective imputation to DPE. The suitability of this new project has been confirmed, even now, as a result of the last two projects developed by the research team.

Amount Awarded: 62.436 €