Legal and de facto management: analysis of two problematic cases in criminal law

  • María Soledad Gil Nobajas Universidad de Deusto
DOI: https://doi.org/10.18543/ed-59(1)-2011pp311-332
Keywords: Criminal liability, Legal person, De facto administrator, Parent company

Abstract

Mainly, criminal legal practice and theory defend a material interpretation of the concept of de facto administrator on the basis of an effective and real exercise of his functions, without need of a qualifying appointment. Despite the matching of the administrator formally appointed and de facto administrator under criminal law, in the corporate practice there are some doubtful situations, on whose qualification as an administrator of fact or Law may depend the attribution of criminal liability for the commision of certain special offences. In this paper two of these cases will be analyzed: the representative of the administrator-legal person, and the hidden administrator, taking into account in the latter case the example of the groups of undertakings. 

Published online: 04 December 2014

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Author Biography

María Soledad Gil Nobajas, Universidad de Deusto
Doctora Europea. Profesora de Derecho Penal
Published
2014-12-04
How to Cite
Soledad Gil Nobajas, María. 2014. “Legal and De Facto Management: Analysis of Two Problematic Cases in Criminal Law”. Estudios De Deusto 59 (1), 311-32. https://doi.org/10.18543/ed-59(1)-2011pp311-332.
Issue
Vol. 59 No. 1 (2011)
Section
Notes

Last update: 08/02/2022

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