Demarcation of the circle of perpetrators in the passive modality of the crime of commercial bribery in a “competition model” and consequences associated with the exclusion of the principal

Abstract

The paper examines the problems related to the circle of offenders in the crime of commercial bribery that are inherent to a “competition model” and are associated with the fact that the corruption of employees or agents is exclusively sanctioned. It will be analyzed the problems associated with the determination of those who can be considered perpetrators of this crime. Then, will be resolved the question of the legitimate consequences can be derived from the fact that the principal is excluded from the circle of perpetrators (principal in the first degree) for the assessment of the behavior of the employees or agents.