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Asian Investment Desk
Banking and Finance
Banking Regulation
Capital Markets
Corporate and Commercial
Corporate Compliance
Energy
Environmental
ESG | Environmental, Social and Governance
Fintech
Fishery
Forestry
Immigration
Infrastructure and Concessions
Insurance and Reinsurance
Intellectual Property
International Trade and Customs
Labor & Employment
Life Sciences
Maritime and Aviation
Mergers and Acquisitions
Mining
Oil & Gas
Privacy and Data Protection
Project Development
Project Finance
Public Law
Public Procurement
Public Services Regulation
Real Estate Investment
Restructuring and Insolvency
Tax
Telecom, Media & Technology (TMT)
Venture Capital and Entrepreneurship
Water Resources and Sanitation
Wealth Management
Newsletter
Corporate Compliance Newsletter - November 2025
Themes
Published in
LinkedIn
December 1, 2025
CORPORATE CRIMINAL LIABILITY VS. INDIVIDUAL CRIMINAL LIABILITY IN THE BUSINESS SECTOR
One of the essential features of the legal framework for corporate criminal liability is that, to sanction a legal entity, it is not enough to prove that a crime was committed by one of its representatives, executives, or employees. Rather, in addition to such proof, it is required to demonstrate that said conduct was caused or failed to be prevented due to a specific organizational deficiency within the company, reflecting the absence of a corporate culture of legal compliance. This “organizational deficiency,” linked to the lack of a compliance culture, constitutes the act inherent to the legal entity for which it is held criminally liable.
