Criminal Liability Of Legal Entities Research Articles

International legal Bases of Criminal Liability of Legal Entities in the Legislation of the Kyrgyz Republic

International legal Bases of Criminal Liability of Legal Entities in the Legislation of the Kyrgyz Republic

Criminal Liability of Legal Entities and the Corresponding use of Terms in the Text

Criminal Liability of Legal Entities and the Corresponding use of Terms in the Text

The privilege against self-incrimination by legal entities in criminal procedures

The right against self-incrimination plays an essential role in the construction of an accusatorial criminal procedure system that legitimizes the jus puniendi. With the rise of models of criminal liability for legal entities in various jurisdictions, could this right be conferred upon them? What would be its scope in this perspective? This article, through bibliographic review and deductive theoretical method, first examines the extension of fundamental rights to legal entities. Subsequently, the focus turns specifically to the right against self-incrimination, investigating its foundations and nature. Based on this, the article examines relevant jurisprudence in the European Union regarding the right against self-incrimination, identifies key perspectives and divergences in its application to legal entities, ultimately providing considerations on the scope of this right in this context.

The privilege against self-incrimination by legal entities in criminal procedures

The right against self-incrimination plays an essential role in the construction of an accusatorial criminal procedure system that legitimizes the jus puniendi. With the rise of models of criminal liability for legal entities in various jurisdictions, could this right be conferred upon them? What would be its scope in this perspective? This article, through bibliographic review and deductive theoretical method, first examines the extension of fundamental rights to legal entities. Subsequently, the focus turns specifically to the right against self-incrimination, investigating its foundations and nature. Based on this, the article examines relevant jurisprudence in the European Union regarding the right against self-incrimination, identifies key perspectives and divergences in its application to legal entities, ultimately providing considerations on the scope of this right in this context.

The Criminal Liability of Legal Entities in Colombia

The Criminal Liability of Legal Entities in Colombia

Перспектива введения уголовной ответственности юридических лиц в условиях наличия их административной ответственности

The problems of legal regulation of administrative liability of legal entities, as well as the prospects for the formation of the institution of criminal liability of legal entities are explored. Critical comments are made regarding the advisability of including the latter in legislation, given the presence of many problems that have not found their unambiguous solution in the institution of administrative liability of legal entities. Some arguments in favor of introducing criminal liability of legal entities are criticized.

Administrative and economic sanctions under French commercial law

The publication examines the provisions on administrative and economic sanctions of the French Commercial Code and other acts of French legislation. It was concluded that the French experience of regulation of commercial relations is based on complex solutions involving a combination of private-law and public-law regulation.
 It is substantiated that during the last century the commercial legislation of France was saturated with public legal provisions. The new French Commercial Code of 2000 incorporated a significant number of provisions that are public law, including administrative and criminal sanctions.
 The presence of provisions in the French Commercial legislation, which by nature of administrative influence on business entities can be recognized as administrative and economic sanctions, is established in many spheres of relations. These sanctions include typical penalties imposed on economic entities for antitrust violations, violations of reporting and other rules of conducting commercial activities, as well as other numerous sanctions of an organizational nature. It is substantiated that the disciplinary responsibility of certain professions in commerce defined in the FCC can be qualified as a type of administrative and economic sanctions relevant to the Ukrainian legal sense.
 Taking into account the experience of French commercial law, it was concluded that the ideas of reducing the discretion of state bodies when applying sanctions to business to eliminate the risks of corruption and abuse are not confirmed in modern European legislation. It is obvious that this follows from the quite reasonable assumption that the fight against corruption should affect the specific offender, and not destroy the effectiveness of the state's response to offenses, including in the business sphere.
 Several trends in the legislative regulation of administrative and economic sanctions in France have been identified, including attempts to solve the problems of the ratio of administrative sanctions and criminal penalties on legal entities, the expansion of judges' approaches to the assessment of administrative sanctions imposed on merchants from the point of view of compliance with procedural provisions and respect for human rights.
 It was concluded that the introduction of criminal liability of legal entities into national law cannot take place without an analysis of the problems caused by relevant institutions in foreign countries, in particular in France.

Back to the Problem of Criminal Liability of Legal Entities: Two Views on the Problem (Using the Example of Environmental Crimes)

The authors examine the positions of supporters and opponents of introducing criminal liability for legal persons in the Russian Federation. They have summarized and evaluated the existing approaches to the problem, and present two views on the prospect of introducing the institute of criminal liability for legal persons using the example of environmental crimes. This choice is not accidental and is explained by a number of reasons. Firstly, the condition of the environment continues to deteriorate in spite of all undertaken efforts, which calls for new approaches to its protection, including through criminal law means. Secondly, it is necessary to understand that the greatest threat to the environment is posed by large companies working in the sphere of extracting, processing and using various natural resources — oil, gas, metals, chemical companies, agricultural holdings, energy and transportation companies, which all operate with the purpose is maximizing profits. Practice shows that they are responsible for the largest environmental disasters of the latest decades. Compared to them, the contribution of private persons to environmental pollution is negligibly small. Thirdly, the overwhelming majority of researchers specializing in the problems of criminal liability for environmental crimes support the establishment of criminal liability specifically for the violations of nature protection legislation. In spite of the differences in the opinions of authors regarding the necessity of establishing criminal liability for legal persons, they leave space for further discussions on the topic.

Responsibility for Wrongdoing and Touching It: the Temporal Evolution of the Norms of Domestic Criminal Law

In different periods of the development of the Russian state, the interest of legislators, theorists and practitioners in improving the measures of criminal legal influence on persons involved in crime in general and acts of injustice in particular was not the same. To a large extent, the criminalization of such acts was conditioned by the requirements of vital necessity in combating crimes that affect the priority interests of the State, including the legitimacy of State power, economic security and property rights.
 The purpose of the study is to determine the historical roots of the formation and evolution of the development of those forms of wrongdoing and touching them that have become the foundation of modern institutions of criminal law: obstruction of justice, harboring of crimes, failure to report a crime, connivance to crimes, criminal liability of legal entities and exemption from liability.
 The key means and ways to achieve the goal were temporal and comparative legal methods of studying the institutions of criminal responsibility for wrongdoing and touching it in legal sources of the XVXX centuries. Such an approach to the study made it possible in an evolutionary context to present the most clearly the conclusions of the transformation of the architectonics of various institutions of domestic criminal law familiar to our time.
 Their diachronic development follows from the temporal analysis of acts related to acts of injustice (harboring of crimes, failure to report a crime, connivance to crimes). Firstly, their legal nature has not always been identified with ways to counteract the administration of justice (in its broad sense, not only as the activity of the court, but also officials, individuals and even collective entities (legal entities) obliged to comply with the law, to promote the administration of justice and to execute judicial acts). Secondly, in certain historical periods, acts of wrongdoing and acts of persons touched were considered as encroachments on other public relations protected by law (for example, legitimate institutions of state power and economic security of the state).

Comparative Study of the Provisions on Criminal Liability of Legal Entities in the Criminal Laws of Cambodia, Laos and Vietnam

This article presents a comparative study on a number of issues concerning corporate criminal liability in the criminal laws of Cambodia, Laos, and Vietnam such as legal persons that are the subject of offences and the subject of criminal liability; the scope of corporate criminal offences; elements of corporate criminal law; models of corporate criminal liability; punishments. On the basis of comparative research, the article draws some conclusions and proposes several recommendations to improve the provisions on corporate criminal liability in the current Vietnamese criminal law.
 
 
 

Criminal Prosecution Against the Crime of Legal Entities in Vietnam

In this article we focus on the study of the current state of criminal law and criminal procedure in Vietnam on criminal prosecution of legal entities in order to find out the problems, thus proposing to ensure the effective implementation of criminal prosecution of legal entities in Vietnam. In order to solve these problems, we will compare the laws of Vietnam with the legal regulations of some countries in the world on the criminal liability of legal entities and analyze the current situation of Vietnamese law to indicate the incompatibility with the laws of other countries and their inadequacies, problems, and feasibility. Accordingly, we will make recommendations to amend and supplement some provisions of Vietnamese law on criminal prosecution of legal entities and recommend measures to ensure the implementation of the rules. This is in fact a fast, accurate, and relevant context of globalization today in Vietnam.

Corporate Criminal Liability: An Overview of the Croatian Model after 20 Years of Practice

The Croatian legislators introduced the concept of criminal liability for legal entities already in 2003 with the adoption of the Law on Criminal Liability of Legal Entities. Influenced by the writing of esteemed domestic scholars, and inspired by French law, the legislators opted for a system linking the liability of corporations to the liability of the responsible person. There were very few cases in practice during the first years of its application, and the situation changed after the first prominent indictment of this type against the ruling political party for economic crimes. Since then, the legislation has been amended several times and a significant body of jurisprudence has developed. In the first part of this paper, I will describe the chronology of the development and formation of the Croatian legislative model of corporate criminal liability. The second part will analyze 31 available final court judgments, which will be the basis for the conclusion about the issues in the practical application of the legislative model and, more generally, the phenomenon of criminal offenses committed by legal entities in Croatia. Based on this analysis, I will indicate the potential deficiencies of such a concept. In the context of future development, special attention will be given to the problem of economic crimes committed by AI corporate systems.

Criminal Compliance Program as a Tool for Criminal Liability Exculpation of Legal Persons in the Czech Republic

Criminal liability of legal entities has gained an inalienable place in the system of legal liability in most European jurisdictions, including the Czech Republic. Departing from the premise that it is a suitable supplement to the liability of a legal entity in the event of serious unlawful acts of natural persons from which the legal entity benefits, this article aims to characterize the position and role of this form of liability in the Czech legal system. Essentially, however, it seeks to determine under which circumstances it is possible for legal entities to be relieved of liability using an exculpatory clause. Based on a case study of the Czech Republic, it illustrates the added value of criminal compliance programs, which, if properly set up and implemented in practice and complemented by prevention, detection and response measures, play a decisive role in establishing such criminal exculpation. The article further finds that rules pertaining to ethical codes of conduct are in fact ‘elevated’ to the level of legal rules through compliance programs. Compliance, one of the components of Corporate Social Responsibility, thus becomes an expression of a legal obligation, i.e., the obligation to properly manage and control the corporation, which has important legal implications.

Criminal Liability of Legal Entities in the Kyrgyz Republic Under the Criminal Code of the Kyrgyz Republic Dated February 2, 2017, no. 19: The Need for Identification or Another Planned Sabotage?

The article is devoted to the analysis of the institution of measures of criminal law in relation to legal entities that existed in the Criminal Code of the Kyrgyz Republic dated February 2, 2017, no. 19 due to the criminal law reform of 2012-2020. allegedly relying on the concepts and concepts developed by the law of both the European Union and international law, but not once applied in any criminal case in the Kyrgyz Republic for the entire period of validity of this Criminal Code (from January 1, 2019 to the middle November 2021), when, as a result of the adoption of the new Criminal Code of the Kyrgyz Republic (enacted by the Law of the Kyrgyz Republic of October 28, 2021 No. 126), this institution was liquidated. Based on the analysis of the history of the development of the institution of criminal liability of legal entities under the laws of other countries, international conventions, the authors come to the conclusion that it is absolutely inapplicable, groundless, illegal to include legal entities as subjects of quasi-criminal liability and punishment in the Criminal Code of the Kyrgyz Republic. The authors propose measures to combat such initiatives and “reforms” of criminal law in order to avoid collapse, paralysis of the law enforcement system, similar to the one that arose in 2020 inthe Kyrgyz Republic due to the new Criminal, Criminal Procedure and other codes.

Рецензия на монографию А.В. Федорова «Уголовная ответственность юридических лиц в постсоциалистических государствах Азиатско-Тихоокеанского региона»

The review is devoted to A.V. Fedorov’s monograph on the criminal liability of legal entities in the post-socialist states of the Asia-Pacific region, China, Vietnam, and Mongolia. The review examines the author’s position on the content of criminal liability of legal entities in these states. The reviewer’s opinion is presented on certain aspects of the problem.

Participația penală și persoanele juridice. Istoric și perspective de viitor

The purpose of the article is to study the evolution of the criminal participation in Romania, with increased attention paid to the way in which criminal liability of legal entities was accepted and developed over time, to try to formulate predictions about the future of legal persons in the criminal law and to analyse the possibility of accepting, according to the current rules, the artificial intelligence systems as subjects of criminal law. The historical perspective is doubled by comparative law case studies which are based on judgments from the United Kingdom and France that are representative for the currents of opinion regarding need to prosecute and convict legal persons together with the individuals involved in the criminal activity.

The model of criminal liability of legal entities for encroachments in the field of economic activity

The model of criminal liability of legal entities for encroachments in the field of economic activity

УГОЛОВНО-ПРОЦЕССУАЛЬНОЕ ПОЛОЖЕНИЕ ЮРИДИЧЕСКОГО ЛИЦА В РЕСПУБЛИКЕ АРМЕНИЯ

The article draws attention to the increased relevance of the study of the issues of criminal liability of legal entities, which has become a novelty of the Armenian criminal and criminal procedure legislation. The relevance of the topic of this article is due to the fact that with the adoption of the new Criminal Procedure Code of the Republic of Armenia, adopted by the National Assembly on June 30, 2021, and entered into legal force on July 1, 2022, a legal entity is considered as a full-fledged subject of criminal procedure relations by the defense. Present article contains a theoretical analysis of some issues related to the criminal procedural status of a legal entity. The article discusses the place of a legal entity in criminal procedural legal relations, its criminal procedural status, procedural responsibility. Such a category as the procedural legal personality of a legal entity as a participant in criminal proceedings is analyzed, their possible significance for the implementation of the procedural status is explored.

Corporate Criminal Liability Along the Supply Chain? – An Austrian Perspective

The proposal for a Corporate Sustainability Due Diligence Directive [CSDDD] has led to numerous questions in various legal areas. However, little has been examined so far regarding whether a breach of the obligations programme that member states must implement into their legal systems based on this directive can also have criminal consequences for corporations that are part of the supply chain. The present paper attempts to provide an initial assessment of these questions based on the Austrian system of criminal liability of legal entities.

Features of Criminal Liability of Legal Entities under the Legislation of Argentina

Features of Criminal Liability of Legal Entities under the Legislation of Argentina