Posición de garante del empresario

Abstract

The omissive liability of the employer for crimes committed by his subordinates is a difficult problem to solve, both in dogmatic and jurisprudential terms. The difficulty lies basically in the foundation and, especially in recent times, in the scope of such liability. Starting from interference as a founding element of the criminal liability of the employer, we will concretize this proposal based on the criterion of risky organization of the company, all of this as a legitimizing element, but at the same time limiting the criminal liability of omission.