Criminal Compliance, Corporate Social Responsibility and Good Corporate Governance

Abstract

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.