Analysis of the administrative responsibility of companies at the sight of the international and local legal framework

Abstract

This descriptive and non-experimental study seeks to reveal if it’s necessary to implement “compliance” as a tool to prevent bribery and other forms of accessory corruption, which occur between private companies and public servants. With this purpose, international instruments affecting the national territory are analyzed, such as Programa País and the OECD Anti-Bribery Convention, as well as local regulations, especially Ley N° 30424, amended by Legislative Decree, and Ley N ° 30835, norms that conditioned the creation of the legal framework for the administrative responsibility of legal entities, since the first of January 2018. Likewise, the implementation of regulatory compliance programs is proposed in order to institutionalize a compliance culture and good corporate governance, so that companies can be freed from the administrative responsibilities that could result from criminal offenses for corruption, carried out by their managers and/or workers, either for the benefit of the company or for the benefit personal. Finally, a future agenda of state compliance is proposed.