Criminal Liability of Legal Entities: A Critical Analysis of Arguments Against

Abstract

This article analyzes the main arguments of the opponents of introducing criminal liability for legal entities. The paper discusses its social causation and international obligations of Russia in this area. The author dwells on historical reasons of introducing criminal liability for legal entities in our country. The paper examines conceptual possibilities for establishing criminal liability of legal entities, its conformity with the principles of criminal law of Russia, the balance between criminal and administrative liability. The paper analyzes the possibility for a legal entity to commit a crime, the balance between criminal liability of a legal entity and a person, problems associated with the system of penalties for legal persons, a possibility of using foreign experience in this area. Also, it examines the possibility of integrating legal entities criminal liability rules into the current Criminal Code of the Russian Federation. The author draws a conclusion concerning essential refutability of arguments of opponents of criminal liability of legal entities. The author argues for its introduction and justifies the objective necessity of its implementation into Russian criminal law for a variety of factors. The author specifies what should be borne in mind to implement it. It is noted that positive effects of its implementation can overcome all potential problems.