Analysis of the principle societas delinquere non potest in the Peruvian penal system

Abstract

Objective. To analyze the principle societas delinquere non potest in the peruvian penal system. Methodology. For the development was employed the interpretative paradigm, through the qualitative methodologic perspective, using a methodological design of content analysis, whether bibliography, regulatory, doctrinal, or jurisprudential, and using the ethnographic method. The methodological design was deployed to the long of three stages: descriptive, expository and theoretical, having been delimited the study in Huanuco city during the year 2021, for which bibliographic and jurisprudential material was available. Furthermore, in-depth interviews were conducted with six experts in the criminal feld: two university professors, two prosecutors, and two criminal judges, with professional experience. Results. It was shown that the fgure of acting on behalf of a legal entity is suitable for addressing the problems that arise when a criminal act is attributed to a legal entity. which is produce because the criminal legislator is reluctant to recognize that this can also be an active subject of the crime, through the formula of acting on behalf of another (the legal entity). Conclusions. The principle studied is decontextualized and displaced in the current context, where both international doctrines and several countries in particular have recognized the criminal responsibility of companies and legal entities.