Criminal liability of the founding partner for criminal misconduct of the administrators

Authors

DOI:

https://doi.org/10.21678/forseti.v11i15.1763

Keywords:

founding, partner, administrator

Abstract

This article addresses the possible criminal liability of the founding partner for criminal conduct of administrators in the exercise of business activity, highlighting the difference between the founding partner and the administrator of the legal entity. Likewise, the guidelines that must be considered to analyze a possible imputation of responsibility to the founding partner are denoted, and their conduct must be framed in two moments: i) the partner as founder of the company y ii) the founding partner in the operation of the company.

Author Biography

  • Sergio Valdivia Reyes, University of the Pacific, Universidad del Pacífico, Pacific University, University of the Pacific, University of the Pacific

    Bachelor of Law from the School of Law and Political Science of the Universidad Nacional Mayor de San Marcos. Assistant Professor of Economic and Business Criminal Law and Business Criminal Law at the same university. Principal Member of the Criminal Dogmatic Workshop-UNMSM.

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Published

2022-02-01

Issue

Vol. 11 No. 15 (2022): Forseti N° 15

Section

Artí­culos

How to Cite

Criminal liability of the founding partner for criminal misconduct of the administrators. (2022). Forseti. Law Review, 11(15), 50-62. https://doi.org/10.21678/forseti.v11i15.1763