Entrepreneurs may be accused of a crime when the products or services that sell generate damage and in the production and delivery process they not complied with legal standards and art or have not attempted to revoke the resulting risks.
This concept, which is summarized in the so-called criminal responsibility for the product, refers to the obligations that employers take on when they put any object on the market.
The Attorney General’s Office, Eduardo Montealegre Lynett, explained that this thesis arises from the union of traditional concepts to establish the competence areas and responsibility areas of with the theory of risk allowed, included in the thesis of objective imputation.
To impute an offence a businessman did not suffice to establish that there has been damage by action of your product and it is not enough that industrialist aware that conduct criminal code may occur.
Here you enter to determine whether that is a risk legally disapproved, because life always generates some kind of danger. I.e. the entrepreneur will always cause a risk which is permitted by the law, because in life there is no guarantee a degree of total infallibility, said Montealegre.
To prevent linking to criminal proceedings, employers must comply with what is known as the duties of traffic safety, which are the legal rules regulating the trade and production.
However, it may happen that despite complying with these rules generate damage. That is the time in which are born to businessman called salvage duties, seeking the reversal of the risk caused. “If you do not apply these rules, is you can assign damage, so have tried to guard against the risk”, said the Attorney General.