Criminal Liability Of Legal Entities Research Articles

Criminal Liability of Legal Entities in the Kyrgyz Republic and the Specifics of the Application of Criminal Law Terms

The article examines the dynamics of the development of the doctrinal concept of criminal liability of a legal entity, examines the points of view of leading scientists of criminal and criminal procedure law on existing and promising areas of development of the institution of criminal liability of legal entities in Kyrgyzstan and other countries. The appearance of quasi-criminal liability of legal entities in the criminal legislation of the Kyrgyz Republic seems justified. The article provides a number of arguments in support of the innovations introduced into the criminal legislation of the Kyrgyz Republic regarding the criminal liability of legal entities. In this scientific article, the author reveals the content and dynamics of the development of modern doctrinal discussions on the key problems of the institution of criminal liability of legal entities in the criminal legislation of the Kyrgyz Republic and the positions of the main scientific schools of Kyrgyzstan, Russia and abroad on theoretical issues of criminal liability. legal entities; to identify the main scientific doctrines concerning the understanding of criminal liability of legal entities; to consider the prevailing points of view on the category of the subject of criminal liability. The article also used traditional general scientific research methods such as the dialectical method of cognition, analysis, synthesis, induction, deduction, etc., as well as private scientific legal methods, including formal legal, the method of legal interpretation, etc. The main sources of information are electronic versions of official publications of normative legal acts of the Kyrgyz Republic, special literature on the research topic. The article also substantiates the conclusion that in the theory of criminal law, the category of “legal entity as a subject of criminal liability” is by far the most controversial.

Issues of Criminal Liability of Legal Entities in the Criminal Legislation of the Kyrgyz Republic

The growth of offenses committed by legal entities or in their interests currently indicates that a qualitatively new type of crime has been formed in many countries of the world — the crime of legal entities (“corporate crime” or “corporate crime”). In this regard, the experience of countries in combating the crime of legal entities, the established standards and criteria reflected in international normative legal acts, as well as the experience of introducing into the criminal legislation of the Kyrgyz Republic in 2017 (valid from January 1, 2019, to November 30, 2021) provisions on the legal norms regulating criminal activity deserve attention liability of legal entities. which were subsequently excluded by the new Criminal Code and the CPC, which entered into force on December 1, 2021. The analysis of the development and theoretical design of such an institution of criminal legislation of Kyrgyzstan as bringing legal entities to criminal responsibility is of great scientific interest. Therefore, the questions of what specific socially dangerous acts a legal entity can be prosecuted for, whether it is a subject of criminal liability, the grounds for criminal liability of legal entities and many others are very fundamental.

Уголовная ответственность юридических лиц за нарушения в сфере оборота наркотиков в Алжирской Народной Демократической Республике

Purpose: study the regulation in the sphere of drug trafficking control based on judicial practice and doctrinal provisions and to identify the peculiarities of criminal liability of legal entities for drug offenses in the People's Democratic Republic of Algeria. Research methods: the study is based on content analysis of documents, special-legal methods (interpretation and formal-legal method), methods of juris linguistics and consider comparative in nature. Conclusions: regulation in the sphere of drug trafficking control is complex. A number of laws contain blanket and reference norms. Comparing the Algerian and other Arab legislation reveals common features and distinctions related to the criminal liability of legal entities the approach to the definition and terms is similar; the list of drug offenses for which juridical persons can be prosecuted is exhausted, but it can be expanded, taking into account the firmly established case law broader interprets the applicable legislation. The term of such punishment as temporary closure is more lenient in comparison with that provided for by the criminal law, unlike the fines, which are multiples of either the amount of fines provided for individuals or the value of confiscated goods. The author has highlighted procedural peculiarities of bringing legal entities to criminal liability, as well as jurisdictional principles. Scientific and practical significance: with the regard to the specific combination of religious and secular principles in the Arab legislation and linguistic specifics, the research contributes to filling the gaps in understanding modern anti-drug legislation of the People's Democratic Republic of Algeria, as well as the issues of corporate criminal liability. The results of the study can be taken into consideration in the developing Russian legal framework of criminal liability of legal entities and used in the context of further studies of Algerian law and interaction with the country.

Применение к юридическим лицам конфискации в Финляндской Республике

The article is devoted to the Finnish legislation on the criminal liability of legal entities and the application of confiscation as a criminal sanction to them in criminal proceedings. The general conditions for the application of confiscation to legal entities are given.

Рецензия на монографию Федорова Александра Вячеславовича «Уголовная ответственность юридических лиц в постсоциалистических государствах Азиатско-Тихоокеанского региона» (Москва : Юрист, 2022. 144 с.)

The review is dedicated to the monograph by A.V. Fedorov on the criminal liability of legal entities in the post-socialist states of the Asia-Pacific region, specifically China, Vietnam, and Mongolia. The review examines the author’s views on the content of criminal liability of legal persons in these states and presents the reviewers’ opinions on specific aspects of the problem.

La colaboración eficaz en las personas jurídicas y el presupuesto de la responsabilidad penal

The article that is submitted for consideration by the academic community deals with the relationship that exists between effective collaboration in legal entities and their criminal liability. First of all, it should be noted that the objective of the article is to analyze the existing deficiencies in the regulation of criminal liability and the effective collaboration of legal entities in Peru and how these deficiencies could affect the purposes of the criminal process. Secondly, the materials used are the norms, doctrine and jurisprudence that concern the topic. Regarding the method, we will say that our research is qualitative-interpretive in nature, since it is an analysis of the doctrine and normative interpretation of the models of criminal liability of legal entities. Regarding the results, we will say that there is a deficient regulation of the criminal liability of legal entities, marked by the lack of coherence between Law No. 30424, Law that regulates the administrative responsibility of legal entities for the crime of transnational active bribery, and the political-criminal motives that supported the bill of origin.

Применение к юридическим лицам корпоративного штрафа в Финляндской Республике

The article is devoted to the Finnish legislation on the criminal liability of legal entities, which consists in the application in court of a criminal sanction to a legal entity for a crime — a corporate fine. The general conditions for applying a corporate fine to legal entities are given; the procedural procedure and practice of bringing legal entities to criminal liability are considered.

THE INSTITUTE OF CRIMINAL LIABILITY OF LEGAL ENTITIES: THE EXPEDIENCY OF NTRODUCING AT THE LEVEL OF THE RUSSIAN CRIMINAL LAW

The problem of criminalization of the activities of legal entities has again updated its status, which is caused by the recent events of early 2024 (the terrorist attack and fire at the Crocus City Hall concert hall in the Moscow region, the break of the dam in the Orenburg region), which have become a serious test for Russian society. Within the framework of this scientific research, the need for legislative consolidation of the institution of criminal liability of legal entities at the level of federal criminal law is argued, taking into account the impact on this process of events that caused significant harm to both an individual and society as a whole. The onset of socially dangerous consequences is considered as a consequence of the lack of a proper legal regulation mechanism capable of adequately protecting a person from the negative consequences of illegal activities of legal entities. The research uses general scientific methods of analysis, synthesis, induction, deduction, and abstraction. Among the private scientific methods, formal legal and comparative legal methods are used. The material base was made up of current regulatory and departmental acts, scientific works in the field under study, including foreign scientists. It has been established that the current legal regulation applied to legal entities does not meet modern realities, taking into account the expansion of the scale of corporate crimes. The ongoing state policy aimed at increasing the level of entrepreneurial activity, along with the “softening” of control over business entities, requires the introduction of strict liability measures as a deterrent mechanism. The conclusions of the study reflect the arguments in favor of adopting legislative changes that justify the expediency and relevance of introducing the institution of criminal liability of legal entities.

Основные положения финского законодательства об уголовной ответственности юридических лиц

The article is devoted to the Finnish legislation on criminal liability of legal entities. The following are considered: the concept, grounds and conditions of criminal liability of legal entities; the relationship between a criminal act committed by an individual and the criminal liability of a legal entity; corporate fine as a punishment for legal entities and grounds for refusing to apply a corporate fine to a legal entity; crimes for which a legal entity may be held criminally liable.

The Criminal Liability of Legal Entities in the Republic of Finland

The Criminal Liability of Legal Entities in the Republic of Finland

YURIDIK SHAXSLARNING JINOIY VA MAʼMURIY JAVOBGARLIGI

" This article analyzes the issues of criminal and administrative responsibility of legal entities, while the current legislation defines the responsibility of only individuals for criminal and administrative offenses. This, in turn, implies administrative and criminal liability of legal entities, but not legal persons themselves, for violations committed by management bodies and officials of legal entities in favor of and for the benefit of the legal entity. This situation does not allow us to apply measures of responsibility to persons who are really interested in committing an offense and prevent violations in the activities of legal entities. For this reason, it is necessary to determine the liability of legal entities in addition to individuals for committing an offense. This is used in the experience of a number of developed foreign countries. Therefore, the article emphasizes the need to improve this direction in our country. In addition, the article analyzes the views of a number of scientists on the issues of the responsibility of physical and legal persons and the legislation of foreign countries. "

Criminal liability of legal entities according to Swedish law

Criminal liability of legal entities according to Swedish law

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

Корпоративные преступления в уголовном законодательстве КНР

As the market economy develops, some countries, in particular the People's Republic of China, have criminalized legal entities for corporate crimes, which are crimes committed for and/or on behalf of organizations. This paper deals with the theoretical and practical aspects of corporate crime, compares the concepts of corporate crime in Western and Eastern criminal law doctrines, presents a typology of corporate crimes in China, and analyzes the methods of combating corporate crime in the PRC. In the era of global capitalism and advanced technology, including e-commerce, we can expect a further rise in corporate crime. Corporate crime is also strongly correlated (but not equated) with other types of crime, in particular white-collar, economic, and organized crime. At the present stage, the key element in combating corporate crime in China is the improvement of legislation aimed at preventing intra-company crime and developing compliance programs to reduce the risks of unlawful behavior among employees and managers. Although the Russian legislation lacks criminal liability for legal entities, the experience of preventing and combating corporate crime in the PRC can and should be used to prevent unlawful behavior of legal entities in Russia.

Развитие законодательства об уголовной ответственности юридических лиц в Республике Исландия

The article is devoted to the development of Icelandic legislation on criminal liability of legal entities. The internal and external factors that determined the inclusion of rules on criminal liability of legal entities in Icelandic legislation are analyzed. It is noted that initially the legislative establishment of criminal liability of legal entities occurred through the adoption of laws containing criminal law provisions providing for the liability of individuals and legal entities for certain types of crimes, such as the Law “On Air Transportation” of 1964. In 1998, in order to ensure unity of approaches to determining the criminal liability of legal entities by different legislative acts, the Icelandic Criminal Code was supplemented with a chapter “Criminal liability of legal entities”, the articles of which established general provisions on such liability for crimes both provided for in the criminal code and and other Icelandic laws. It is indicated that the criminal procedural procedure for bringing to justice is common to individuals and legal entities. In 2008, a new Criminal Procedure Law was adopted, which determined that a legal entity brought to criminal liability has the status of an accused and participates in the criminal process through its representatives.

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

Russia, PhD (Law) 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.