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

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.