When a crime is committed and found guilty of it, the perpetrator must financially compensate those affected.
But, what happens if you do not have sufficient economic capacity? It is on these occasions that subsidiary civil liability (CR) arises, involving other people or entities.
Subsidiary civil liability is a mandatory guarantee to compensate the victim of a criminal offense committed by insolvent persons.
It also occurs in the event of claims for damages to third parties caused by acts related to a professional activity, when they derive from natural or legal persons acting on behalf of the company.
Who is Vicariously Liable?
The subsidiary civil liability has to answer for the consequences of a civil nature that derive from a crime, even if he is not the author of it. Most often they are:
Parents or guardians. For the damages caused by the crimes committed by the children or guardians, whether they are minors or not, when they live with them and there is fault or negligence on their part.
Media headlines. When crimes are committed through its medium. First, the authors of the information respond, followed by the directors of the publication, the directors of the publishing company and the directors of the recording company.
Owners of establishments. For crimes committed on their premises as a result of infraction of police regulations or authority provisions.
Employers. When your employees have committed a crime under their role in the company.
Vehicle owners. For the crimes committed in the use of the same by their dependents, representatives or authorized persons.
Loan guarantor. When the debtor does not pay the previously requested credit or loan on time, subsidiary civil liability can be applied to the guarantor of the same, since direct economic damage is being done to the creditor.
Requirements for the Existence of Subsidiary Civil Liability
Subsidiary civil liability occurs only if the perpetrator or accomplice of a crime is the subject of a criminal conviction where such liability is collected.
And he is declared insolvent, so that he cannot satisfy the payment of the corresponding compensation.
In this way, compensation can be demanded from the subsidiary responsible, for which a dependency relationship must be demonstrated, which can be onerous or free, permanent or circumstantial.
Is the Subsidiary RC compatible with another Type of Liability?
Subsidiary civil liability allows compensation for damages caused by those who have been criminally convicted of a crime to those affected by it.
But this does not exempt them from other types of responsibilities, such as patrimonial, derived from the normal or abnormal operation of public services. enforceable in accordance with the rules of administrative procedures.
In this way, when the civil liability of the authority, agent and contracted of the same or public officials is requested, the claim must be directed simultaneously against the Administration or public entity presumably subsidiary civil liability.
Of course, in no case can there be a duplication of compensation.
Examples of Subsidiary Civil Liability
There are many everyday examples in which subsidiary civil liability occurs:
- The builder of a building if an electrician who works for him commits some negligence that triggers a fire in the building.
- The person who guarantees a mortgage loan for the purchase of a home in the event that the holders of the loan stop paying the mortgage.
- The parents of a minor who steals from an establishment.
- The owner of a vehicle involved in a traffic accident who has let a relative who was at fault for the accident drive it.
- The State in the event that a civil guard causes injuries with his regulation weapon while off duty and without danger.
Subsidiary Criminal Responsibility
This is the responsibility of a person who has committed a criminal offense when he does not comply with the main sentence to which he has been sentenced, which is usually a financial fine.
In this way, even if he is insolvent, he can be sentenced to imprisonment.
Subsidiary Civil Liability of Parents
In the case of minors under 18 years of age, the parents or guardians will be jointly and severally responsible for him, for the damages or losses that he has caused.
When the children or guardians are of legal age, they will be subsidiary civil liability in case they are insolvent.
Subsidiary Civil Liability of the Company
Companies of any industry or trade will be subsidiary civil liability for crimes committed by their employees or dependents, representatives or managers in the performance of their obligations or services, whether they are committed inside or outside the company’s premises.
Subsidiary Civil Liability in Traffic Accident
Corresponds to the owner of the vehicle that has caused a traffic accident, if this is different from the driver who caused the accident and is driven by dependents, representatives or any other authorized person.
Subsidiary Civil Liability of the State
It occurs when a crime is committed in an establishment of which it is the owner or is under the control of the State or other public bodies, as well as in the event that its leaders, administrators, dependents or employees have violated police regulations or other provisions. of the authority, related to a crime.
Subcontractors Subsidiary Civil Liability
It obliges the contractor to pay for the damages caused to third parties as a consequence of a damage generated by one of the subcontractors.
Which not only includes the person who has committed the illegal act, but also the people who in one way or another they have been involved.