Multinational Companies' Criminal Liability: Looking for a Model

16.00-17.00. From social responsibility to criminal law: is the right way?

Issues for discussion:

-Has corporate social responsibility, based on proposals such as the Global Compact, improved the protection of human rights?

- Should criminal intervention replace social responsibility as a prevailing instrument in the protection of human rights?

- Are regulations such as the Modern Slavery Act (UK) or the California Supply Chain Transparency Act the way forward?

- Should new crimes be created to punish false stataments about the due diligence measures developed by large companies for the protection of human rights?

17.15-18.00. From organizational compliance to third-party compliance.

Issues for discussion:

-How much does a company have the duty and the capacity to control the behaviour of third parties?

- Is the obligation to supervise the behaviour of independent third parties admissible or should be restrictited to those suppliers who are economically dependent?

- Are suppliers and subsidiaries equivalent for monitoring purposes?

- What are the most effective due diligence measures?

- Due diligence on the use of the goods and services supplied by the company

18.15-19.00. What model of criminal liability for multinational companies for human rights violations?

Issues for discussion:

-What is the role of individual criminal responsibility and what is the role of the responsibility of the legal person?

- Locus comissi dilicti v principle of active personality: what approach should govern the criminal responsibility of multinational companies?

-Does the criminal liability of companies satisfy the interests of victims?

- Should reparation be the main purpose of the penalty? Is the fine an effective sanction to sanction multinational companies?

Participants

• Vladimir Aguilar

• Matt Caulfield

• Jacobo Dopico Gómez Aller

• William Laufer

• Roberta Guasti

• Ana Garrocho

• Benjamín Cuellar

• Jean Pierre Matus

• Adán Nieto Martín

• Vincenzo Mongillo

• Cecilia Ramirez

• Eduardo Saad