La duplicidad sancionadora y naturaleza de la responsabilidad de la persona jurídica en caso de accidente de trabajo en España

Abstract

The duplicity of sanctions that is analyzed in the Supreme Court Decision is especially relevant nowadays in the Spanish legal system. Since 2010 criminal liability of legal persons has been categorized in the Criminal Code, and it can also display its effects in the field of work accidents. This novelty in the Spanish legal reality raises important difficulties to define the behavior of the physical and legal person, and their involvement in the crime. Furthermore, it must be borne in mind/considered that criminal and administrative liability can coexist in relation to the same fact, provided that they are projected on different subjects. As a result, the difficulty will also come given the fact that each of these penalties goes to a different passive subject. In conclusion, the technical complexity of this question in practice is unquestionable, and it will be necessary to wait for successive Court Decisions in order to determine which majority line is followed by the jurisprudence.