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Showing 1 - 2 of 2 matches in All Departments
The Law of Whistleblowing: Cross-disciplinary, Contextual and Comparative Perspectives provides a contextual and cross-disciplinary analysis of legal responses to whistleblowing from a comparative perspective. Examining developments in criminal, labour, corporate and administrative law, contributions in this volume provide one of the first comprehensive analyses of the emerging multi-level legal framework to protect whistleblowers.
In Corporate Criminal Liability and Compliance Management Systems: A Case Study of Spain, Santiago Wortman Jofre offers a case study where he examines the way in which Spain understands and implements Compliance Management Systems. Corporate criminal liability has become a matter of controversy in civil law countries since it challenges the traditional principle of societas delinquere non potest, by which corporations cannot be held criminally responsible. However, corporations have taken a new position in the world's political agenda, as evidenced by the 2017 G20's High Level Principles on the Liability of Legal Persons for Corruption. The new trend in criminal law advocates for the criminal responsibility of legal persons and pushes for the implementation of Compliance Management Systems as deterrent for corporate criminality. Santiago Wortman Jofre then presents evidence on the role of criminal justice and the importance of positive stimuli requirements as effective incentives to drive companies to implement compliance programs.
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