Personal liability for the environmental crime of art. 291 of the Chilean Penal Code committed within enterprise organizations

Abstract

In this paper we raise the question about which are the rules that allow the attribution of personal liability for the crime of Article 291 of the Chilean Penal Code when it is committed within corporate areas, and what difficulties may arise from the application of those rules. After showing that these rules are those of criminal intervention, and after exposing the way in which they make it possible to base the liability of persons who occupy subordinate positions, we review their important limitations to punish the higher organs of a company.