Уголовная ответственность юридических лиц в Нидерландах

Abstract

The article is dedicated to issues of criminal liability of legal entities in the Kingdom of the Netherlands (the Netherlands). It is noted that the Netherlands refers to the countries the criminal laws of which are codified only in part and include special laws in addition to the national criminal code, the Dutch Criminal Code. Criminal liability of legal entities was first introduced in the Netherlands in 1950 by the special Law On Economic Crimes. Since 1976, criminal liability of legal entities has been regulated by the Criminal Code. The Netherlands has become the first country of continental Europe to include provisions concerning criminal liability of legal entities and legally equaled collective entities in the national Criminal Code. It is noted that the establishment of such liability has become possible due to viewing of criminal liability in the theory of law as a constituent part of social regulation of economic relationships, the subject of which is legal entities. The author states the views of Dutch scientists justifying the need for the introduction of criminal liability of legal entities from the sociolegal standpoint and describing its content. The range of subjects of criminal liability established for legal entities and the legal entities immune from such liability are indicated. Issues of bringing to criminal liability of legal entities having lost their legal personality as a consequence of merger, acquisition, split-up or liquidation after committing a crime are reviewed. It is emphasized that legal entities may be brought to liability for any crimes stipulated by national laws. The author also highlights the role of court judgments and the national legal doctrine for the understanding and application of provisions on criminal liability of legal entities. Types of punishments applied to legal entities are listed and the general characteristics of the criminal procedure of bringing of legal entities to criminal liability is given.