La criminalidad intraempresarial

Abstract

The analysis of the criminality of the company requires an important distinction at the time of the establishment of the different control systems that can be implemented, for the sake of the detection and prevention delinquent, regardless of its interrelation application. Hence, we can distinguish an ad intra or intrabusiness criminality that violates the legal property of the company itself, which aims at the legal assets of third parties, also known as ad extra criminality. Within the intra-enterprise criminality, it is necessary to distinguish according to the active subject, that which can be committed by any subordinate or employee (such as a crime of damage or theft) of that which is committed by persons who have charges with responsibility, in clear allusion to the directors, in which the faculties of decision and disposition of the interests of the company are concentrated. While the instruments of control for criminal possibilities committed by the inferiors in the hierarchical scale within the business structure can be implanted under the coverage of the employment relationship, when we try to criminal expectations that promote the executives themselves of the corporation, such control instruments acquire some complexity mostly ineffective, before a legitimizing business subculture and the byways derived from economic crime.