Sexual harassment at work and criminal liability of legal persons after organic law 10/2022
Abstract
The most serious manifestations of sexual harassment go beyond the scope of protection of the labor or civil law to enter into the undoubtedly more severe criminal protection. With this premise, the purpose of this study is to analyze the essential content and the most controversial issues of the crime of sexual harassment in all its modalities, basic and aggravated, in light of the reform introduced in this matter by the Organic Law 10/ 2022, September 6. This text not only increases the penalty provided for the crime, but also introduces the aggravated subtype of locative sexual harassment, and expands the catalog of crimes that generate the criminal liability of the legal entity with the inclusion of this criminal figure; which leads us to pay special attention in this work to the new sexual compliances for the purposes of exemption from criminal liability in accordance with article 31 bis 4. Criminal Code.
Received: 11.03.3024
Accepted: 13.03.2024
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Last update: 08/02/2022
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