Santiago Wortman Jofre – författare

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.

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.

The volume provides a leading, contextual and cross-disciplinary analysis of legal responses to whistleblowing. Whistleblowing is a complex phenomenon that has been a challenge to numerous institutions at a national, international and supranational level. Efforts to address and protect whistlblowers have increased in recent years, although the development of a comprehensive legal framework has not always been possible. The whistleblowing phenomenon has been addressed directly through legislation and indirectly through numerous other measures and public policies. Different jurisdictions have relied on different areas of law to enhance the protection of whistleblowers, including measures from areas such as criminal, labour, corporate and administrative law. Taken together, contributions in this volume provide a comprehensive and original analysis of the emerging multi-level legal framework to protect whistleblowers.