Professor of Corporate Compliance and International Security Rafael Aguilera Gordillo offers considerations to avoid fraud and corporate crime and to improve corporate compliance programs.
Increasingly complex economic crime is jeopardizing justice in general and criminal law in particular.
On many occasions, there are issues with effectively facing the questions and difficulties posed by corporate criminality and white-collar crime. For this reason, “traditional” criminal law should assume theories and tools from other sciences, such as economics, sociology, political science, etc., which have proved to be useful for analyzing human behavior in organizations and the decision-making process. The application of some concrete research areas coming from these theories, such as “new institutionalism” or “game theory,” can be very effective to predict and prevent possible criminal behavior or corrupt practices in businesses, associations, foundations, political parties and so on.
The “new institutionalism of rational choice” is not limited to introducing the social context in individual decision-making; it also offers a joint analysis about the structure and functioning of the organizations themselves. In addition to this, this theory works without breaking the field of social sciences on its…
