This article aims to demonstrate how the theory of objective imputation of results enriches this examination, as well as to suggest ways of its application.
Special Problems of authorship in Secondary Criminal Law:
Examination of the compatibility between the “domain of organization” (Organisationsherrschaft) and the corporate criminality
In: Revista de Estudos Criminais, Vol. 12, Nº 54
Author: Raquel Lima Scalcon.
Year: 2014
Abstract:
This paper aims at investigating the possible application of the theory of the domain of the fact, in its subspecies domain of the organization, in the field of Secondary Criminal Law, specifically in relation to white-collar crimes. For such purpose, the concept of “secondary criminal law” and a definition for “corporate crimes” are presented. After, an overview of the theory of the domain of the fact (Claus Roxin) is developed, followed by an attempt to clarify the location and the content of the “domain of the organization” in such dogmatic structure. Finally, it is argued, on the one hand, that the application of the Roxin’s theory in corporate crimes is not correct, and it is suggested, on the other, that to look for others possibilities to justify the authorship in the corporate crimes is essencial, such as the improper crime of omission.
How to quote:
SCALCON, Raquel. Special Problems of authorship in secondary criminal law: examination of the compatibility between the “domain of organization” (Organisationsherrschaft) and the corporate criminality. In: Revista de Estudos Criminais, Vol. 12, Nº 54. Julho/Setembro, 2014.
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