The Last Cocktail - Economic and Financial Crime, Corporate Criminal Responsibility, Compliance and Artificial Intelligence

Abstract

In the current global economic and financial scenario, in which corporations are the main protagonist, the issue of making them and/or their administrators, managers and employees responsible for crimes committed in the business sphere emerges. Compliance has been the “Columbus egg” for regulators and those subject to regulation in re- cent decades. This statement hides its potentialities and weaknesses, especially when criminal compliance is taken into account, as is the case with this study. Its socializing function is opposed to a security vision of compliance, which recovers the corporation as a «total institution». With AI systems that now combine compliance, it also becomes an “intelligent corporation”. Still poorly redone from the trapdoors of vicarious responsibility and ambiguities of the organization defect, finding models of responsibility for corporate’s crimes is, for criminal law scholars, again urgent.