Overlapping prosecutions in corporate criminal law
Javier Wilenmann von Bernath- Nicolás del Fierro Baraona
Published 2025-01-30
Keywords
- Corporate criminal liability,
- multinationals,
- ne bis in idem,
- criminal liability of parent companies
How to Cite
Copyright (c) 2024 Pro Jure Revista de Derecho - Pontificia Universidad Católica de Valparaíso
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Abstract
The paper deals with the concurring prosecution and criminal sanctioning of multinational companies by prosecutorial agencies and criminal courts of different countries for the same facts in contemporary law. The paper provides five propositions that explain the high likelihood of this configuration in cases involving multinationals, summarizes the form that these cases take in three common cases, analyzes the tradeoffs associated with the phenomenon and provides criteria for how to deal with these cases in Chilean law.