Supervisión de la persona jurídica en la Ley de Delitos Económicos: análisis desde la autorregulación

The paper addresses the supervisory measure for legal entities incorporated into the Economic Crimes Act. It analyses whether this structural tool, as set out in the law, as a penalty, condition for conditional suspension of proceedings and precautionary measure, promotes the process of self-regulation by entities. In this regard, it first conducts a dogmatic study of the institution in general terms, explaining the reasons why the legislator included it in the catalogue of sanctions and why it was selected over judicial intervention. The supervisory measure is then examined from the perspective of the threefold identity mentioned above, and aspects of positive regulation that are favourable to promoting the proper management of criminal risks can be seen in each of its three identities. Along with this, regulatory deficiencies that could undermine the self-regulation process of organisations are identified.