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“Corruption” and social and economic criminal law: Criminology, criminal policy, political science and law & economics – A new idea about criminal liability of legal entities

Research paper by G.N. Cerqueira Sopas de Melo Bandeira

Indexed on: 16 Oct '16Published on: 09 May '15Published in: TÉKHNE - Review of Applied Management Studies



Abstract

Publication date: July–December 2013 Source:Tékhne, Volume 11, Issue 2 Author(s): G.N. Cerqueira Sopas de Melo Bandeira If we think there is a significant number of legal offshore in the globalized world, then there is not even a global consensus about what “corruption” is. What is “illegal corruption” in a country may be legal in another country. Moreover, the great global corruption is above the law or above democratic States. And not all democratic States are “Rule of Law”. Therefore, the solution is global in time and space law, democratic, free and true law. While the human being does not reach a consensus of what “corruption” really is, the discussion will not go further than a caricature. Other problem about “corruption” is that it is very difficult to establish the imputation of crimes, including “corruption” (Portugal) on some “companies”, corporations. We have a juridical problem in the composition of the art. 11. of the Portuguese Penal Code.