Giuristi: Revista de Derecho Corporativo

Hermoza Castro, Maruja. Las medidas cautelares en el proceso contencioso administrativo: análisis comparado entre el derecho peruano y español. Lima: Asociación Civil Derecho y Sociedad, 2024

2024-12-31T16:54:50+00:00

The work, published in September 2024, was written by Maruja Hermoza Castro, PhD in Ibero-American Administrative Law from the University of A Coruña, Spain, and Master in Public Law with mention in Administrative and Regulatory Law from the University of Piura. In addition, the author has been an intern at the French National School of Magistrates. She is currently a senior judge of the Superior Court of Justice of Lima.

Can a Compliance Officer be Criminally Liable?

2024-12-31T17:14:06+00:00

This work aims to analyze how the highest administrative body of a legal entity assigns functions to the compliance officer to manage risks that may lead to criminal liability for the organization. Furthermore, it examines how the compliance officer can assume a guarantor position if granted the authority to make decisions independently and autonomously.

Third Parties Compliance Asepsis Measures to Prevent Crimes in Supply Chain Management

2024-12-31T17:07:05+00:00

This study analyzes the inter-business relationships that arise in the supply chain and emphasizes that the purpose of a company must go beyond the merely economic in order to ensure its sustainability, corporate social responsibility, and the satisfaction of both its stakeholders and shareholders. Additionally, it outlines the crime prevention measures that a company must implement to avoid being affected by a defective organization stemming from its business partners. In this regard, the due diligence process constitutes a key procedure.

Criminal Compliance, Corporate Social Responsibility and Good Corporate Governance

2024-12-31T17:00:19+00:00

Criminal compliance is an effective and suitable mechanism to prevent and detect legal violations in companies, as they are autonomous subjects of imputation distinct from the individuals that constitute them. The study is based on the theoretical foundations of this legal figure and the regulatory framework stipulated in the Law that regulates the administrative liability of legal entities (Law No. 30424), its Regulations and the guidelines of the Peruvian Securities Market Superintendence. Additionally, it explores its conceptualization, function, and practical utility. It is concluded that a regulatory compliance program should not only be valued in terms of its functions to exempt or mitigate a company's penalty, but also for its economic utility, due to the perceived security of a company that has a program that manages business risks and handles optimal prevention, identification, and sanction mechanisms.

Public compliance in Peru. State of question and challenges towards the construction of an anticorruption agency

2024-12-31T16:32:52+00:00

In this research, the anti-bribery agencies of Italy, Spain, and Peru are examined. The study encompasses two key international normative frameworks in the fight against bribery: The Inter-American Convention and the United Nations Convention. As its main contribution, it proposes a centralized and specialized body to combat bribery, based on a mixed model. This approach seeks to integrate international best practices, adapting them to the realities of each country. Furthermore, a critical assessment is carried out of the ongoing implementation of public compliance in Peruvian legislation, evaluating its progress in various public administration institutions. These aspects are contrasted with the proposed model, highlighting their importance in the current context.

New Evidence in the Annulment Processes: Reflections from Administrative Self-Protection

2024-12-31T17:18:37+00:00

The purpose of this paper is to clarify, based on the nature of nullity processes in administrative appeals, the apparent conflict that arises when interpreting the effects of new evidence in reconsideration appeals. To this end, two key topics are addressed: the subject matter of administrative appeals and evidentiary activity in administrative procedures. The analysis of these topics allows for an adequate and systematic interpretation that defines the scope of the new evidence.

The constitutionalization of political education and its link to the right to education

2024-12-31T16:40:44+00:00

Political education is closely related to the right to education, a fundamental right internationally recognized, which must be understood from a broad perspective to avoid any form of limitation or discrimination. Therefore, it is essential to promote its dissemination in academic and legal fields.

The constant transformations our society has undergone have driven the analysis of educational evolution and the inclusion of new knowledge, such as politics, in educational institutions. However, there are still prejudices surrounding its teaching, making its explicit recognition in the legal framework difficult, despite the universal approach to the right to education.

For this reason, the main objective of this study is to establish legal foundations that support its recognition in the Constitution and highlight its connection with the right to education.

Investment Arbitration Versus Uncitral Arbitration: An Analysis From The Procedural Perspective

2024-12-31T17:23:36+00:00

Abstract. For more than sixty years, international investment law has become an extraordinary way to generate legal security in the economic development of an increasingly global world. In this sense, investment treaties have contributed through the incorporation of ISDS clauses to offer a framework for the resolution of investment disputes between international business corporations and the various States, which offers guarantees of neutrality and procedural security in the management of the conflict. In this article, we offer a critical analysis of investment arbitration. Based on the comparative analysis, we see notable differences between UNCITRAL arbitration and investment arbitration, pointing out some problems with the current investment arbitration model.

Editorial

2025-01-14T23:55:34+00:00

We are pleased to make available to our readers number 10 of volume 5 of Giuristi, Revista de Derecho Corporativo, which is characterized by offering a reflection in the legal field, linking issues of the corporate, business, financial, economic, good corporate governance, regulatory law, free competition and others that make up this very relevant specialty of law.

This edition, after an intense five-year journey since its appearance in the intellectual world, includes seven articles of great interest, whose authors, both national and foreign, offer innovative reflections. Among them is “Can a prevention officer be criminally liable?”, an in-depth analysis of the role and legal obligations of compliance officers in the criminal legal framework. An important contribution is “Third Parties Compliance. Aseptic Measures to Prevent Crimes in Supply Chain Management,” which explores preventive strategies to mitigate legal and reputational risks associated with third party intervention in corporate processes.