THE RESPONSE OF THE SPANISH CRIMINAL LAW TO FORCED LABOUR PRACTICES IN TRANSNATIONAL CORPORATIONS
This paper aims at studying the criminal liability according to the Spanish law of transnational companies for imposing forced labour on citizens in other countries. The objective is to elucidate whether, under the Spanish law, it is possible to penalise Spanish companies that carry out these practi...
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F1_criminal_law%252FCKS_2021_CRIMINAL_LAW_002.pdf |
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| author | Demelsa BENITO-SÁNCHEZ |
| author_facet | Demelsa BENITO-SÁNCHEZ |
| author_sort | Demelsa BENITO-SÁNCHEZ |
| collection | DOAJ |
| description | This paper aims at studying the criminal liability according to the Spanish law of transnational companies for imposing forced labour on citizens in other countries. The objective is to elucidate whether, under the Spanish law, it is possible to penalise Spanish companies that carry out these practices abroad, practices that are clearly harmful to fundamental rights. For criminal prosecution in Spain to be possible, certain requirements must be met. First, it is necessary that the Spanish Criminal Code acknowledges that legal persons can be held liable. This is a reality since year 2010, although there are a number of problems in attributing responsibility to the parent company for the conducts carried out abroad by the subsidiary. Second, it is required that the Spanish Criminal Code expressly provides that legal persons may be responsible for this type of offences (offences against workers” rights). This is not currently foreseen by the Spanish Criminal Code. Third, it is needed that the Spanish courts are able to prosecute extraterritoriality these criminal offences. This is not possible at the moment according to the current Spanish legislation. Given the situation described, this paper proposes the necessary legal reforms to make it possible to penalise Spanish companies that impose forced labour practices abroad since these practices entail violations of fundamental rights. |
| format | Article |
| id | doaj-art-b7640cc2bc774940a93e517564e01fdc |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-b7640cc2bc774940a93e517564e01fdc2024-12-02T02:31:04ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-011411118THE RESPONSE OF THE SPANISH CRIMINAL LAW TO FORCED LABOUR PRACTICES IN TRANSNATIONAL CORPORATIONSDemelsa BENITO-SÁNCHEZ0Lecturer in Criminal Law, Law School, University of Deusto, Spain; PhD University of Salamanca, Spain (e-mail: demelsa.benito@deusto.es)This paper aims at studying the criminal liability according to the Spanish law of transnational companies for imposing forced labour on citizens in other countries. The objective is to elucidate whether, under the Spanish law, it is possible to penalise Spanish companies that carry out these practices abroad, practices that are clearly harmful to fundamental rights. For criminal prosecution in Spain to be possible, certain requirements must be met. First, it is necessary that the Spanish Criminal Code acknowledges that legal persons can be held liable. This is a reality since year 2010, although there are a number of problems in attributing responsibility to the parent company for the conducts carried out abroad by the subsidiary. Second, it is required that the Spanish Criminal Code expressly provides that legal persons may be responsible for this type of offences (offences against workers” rights). This is not currently foreseen by the Spanish Criminal Code. Third, it is needed that the Spanish courts are able to prosecute extraterritoriality these criminal offences. This is not possible at the moment according to the current Spanish legislation. Given the situation described, this paper proposes the necessary legal reforms to make it possible to penalise Spanish companies that impose forced labour practices abroad since these practices entail violations of fundamental rights.http://cks.univnt.ro/download/cks_2021_articles%252F1_criminal_law%252FCKS_2021_CRIMINAL_LAW_002.pdfcriminal responsibilityforced labourslaveryspanish criminal codetransnational corporations |
| spellingShingle | Demelsa BENITO-SÁNCHEZ THE RESPONSE OF THE SPANISH CRIMINAL LAW TO FORCED LABOUR PRACTICES IN TRANSNATIONAL CORPORATIONS Challenges of the Knowledge Society criminal responsibility forced labour slavery spanish criminal code transnational corporations |
| title | THE RESPONSE OF THE SPANISH CRIMINAL LAW TO FORCED LABOUR PRACTICES IN TRANSNATIONAL CORPORATIONS |
| title_full | THE RESPONSE OF THE SPANISH CRIMINAL LAW TO FORCED LABOUR PRACTICES IN TRANSNATIONAL CORPORATIONS |
| title_fullStr | THE RESPONSE OF THE SPANISH CRIMINAL LAW TO FORCED LABOUR PRACTICES IN TRANSNATIONAL CORPORATIONS |
| title_full_unstemmed | THE RESPONSE OF THE SPANISH CRIMINAL LAW TO FORCED LABOUR PRACTICES IN TRANSNATIONAL CORPORATIONS |
| title_short | THE RESPONSE OF THE SPANISH CRIMINAL LAW TO FORCED LABOUR PRACTICES IN TRANSNATIONAL CORPORATIONS |
| title_sort | response of the spanish criminal law to forced labour practices in transnational corporations |
| topic | criminal responsibility forced labour slavery spanish criminal code transnational corporations |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F1_criminal_law%252FCKS_2021_CRIMINAL_LAW_002.pdf |
| work_keys_str_mv | AT demelsabenitosanchez theresponseofthespanishcriminallawtoforcedlabourpracticesintransnationalcorporations AT demelsabenitosanchez responseofthespanishcriminallawtoforcedlabourpracticesintransnationalcorporations |