The Austrian Model of Attributing Criminal Responsibility to Legal Entities

2014 ◽  
pp. 79-86
Author(s):  
Andrea Lehner
Keyword(s):  
Criminal Responsibility ◽  
Legal Entities

Corporate Criminal Liability for the Criminal Offences in Lithuania

2020 ◽  
Author(s):  
Tomas Girdenis ◽  
Marius Laurinaitis ◽  
Irmantas Rotomskis ◽  
Raimundas Jurka
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Financial Reports ◽  
The Supreme Court ◽  
Illegal Activities ◽  
Material Advantage ◽  
Corporate Criminal Liability ◽  
Limited Scope ◽  
Legal Entities

Abstract Cases, where operations of legal entities entail unfair income through the malpractice of improving financial reports, are quite frequent. Such behaviour is unacceptable and deserves a stern response from the state, not only against persons involved in illegal activities but also against particular legal entities resorting to such behaviour. The purpose of this article is to analyse the elements of corporate criminal liability in the legislation of Lithuania. The article investigates the fundamentals of corporate criminal liability with the major focus on the problems of distinction and applicability of relevant elements of the latter. The analysis emphasizes the assurance of the inevitability of corporate criminal liability. The article also discusses the method of criminalizing the liability of legal entities, chosen by the Lithuanian legislator, according to which criminal liability can arise only for a limited scope of criminal offences. Presumably, the current legal regulation enables an unreasonable avoidance of criminal liability in cases where the criminal offence falls outside the aforementioned limited scope, even though it was committed to gain a material advantage over the affected party. The article also addresses the guilt of legal entities. In this regard, the article criticizes the approach of the Supreme Court of Lithuania for its evident limitation of corporate criminal liability, especially in the context of large corporations owned by many shareholders. As a possible solution, it was proposed to lay criminal responsibility on corporate governance bodies instead of the shareholders.

History of development of modern concepts of criminal responsibility of artificial intelligence in Spain

2021 ◽  
Vol 2021 (03) ◽  
pp. 259-264
Author(s):  
Viktor Shestak
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Cyber Security ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
Legal Capacity ◽  
History Of Development ◽  
History Of ◽  
Legal Entities

This research proves the failure to address theoretically fundamental issues of robots' legal capacity and cyber security and as a result crudity of issues concerning criminal liability of robots for their actions. The proposals of a number of Spanish scientists on the possibility of non-proliferation of the sphere of criminal law on robots in connection with the existing possibility of criminal prosecution of legal entities in Spain have been worked out. In retrospect, the Spanish concepts of criminal responsibility of artificial intelligence were studied: their novels, shortcomings and problems of application in modern conditions were revealed.

scholarly journals THE PROBLEMS OF CRIMINAL RESPONSIBILITY OF LEGAL ENTITIES: FOREIGN EXPERIENCE

2018 ◽  
Vol 2 (47) ◽  
Author(s):  
Анатолій Петрович Гаврилішин ◽  
Валентина Петрівна Козирєва
Keyword(s):  
Criminal Responsibility ◽  
Foreign Experience ◽  
Legal Entities

scholarly journals MENGUJI KONSEP PERTANGGUNGJAWABAN PIDANA KORPORASI

Yuridika ◽  
2013 ◽  
Vol 28 (3) ◽  
Author(s):  
Adriano
Keyword(s):  
Criminal Law ◽  
Corporate Crime ◽  
Criminal Responsibility ◽  
Administrative Law ◽  
Penal Code ◽  
Criminal Sanction ◽  
Legal Entity ◽  
Legal Consequences ◽  
Legal Entities

An entity, either a legal or the non legal “entity’’ which all were discussed in the same outline of corporate crime responsibility. It was often, though, in several laws aside from the Penal Code of Indonesia (KUHP), both in Criminal Law and Administrative Law with criminal sanction,that corporate is defined as a collection of organized people and or wealth, either as a legal or the non legal entity. The definitions in those laws are really different from those of law experts, especially those of criminal law who basically identify corporate as a legal entity, however the same is not true for those of the non legal entity. Such differences of the legal and non legal entities would bring their own legal consequences, therefore they could not and would not be treated the same referring to corporate criminal responsibility.Keywords: corporate criminal responsibility, legal entity, non legal entity.

scholarly journals PENERAPAN SAKSI PIDANA KORPORASI PADA BANK DAN IMPLIKASINYA

2019 ◽  
Vol 48 (1) ◽  
pp. 80 ◽  
Author(s):  
Yudha Ramelan
Keyword(s):  
Money Laundering ◽  
Large Scale ◽  
Criminal Responsibility ◽  
Financial Institution ◽  
Criminal Liability ◽  
Criminal Sanction ◽  
Criminal Offense ◽  
The Impact ◽  
Laws And Regulations ◽  
Legal Entities

A criminal act by corporation is criminal offense that can be asked for criminal liability to the  corporation in accordance with the laws and regulations concerning the corporation. Banks as corporate legal entities can be prosecuted before the law and tried if in carrying out their business activities the bank is suspected of committing a crime that is threatened with criminal sanction, including committing a crime of money laundering or corruption. Corporation  can be punished  to pay fine penalties and other additional penalties such as dissolution or revocation of business licenses. As a trust-based financial institution, if a bank commits a crime, the impact caused by the crime is not only detrimental to the bank itself, damages the reputation of the bank but also harms the community of depositors and other parties responsible for handling bank resolutions. Looking at the impact, the application of corporate criminal responsibility to banks must be carried out carefully and selectively. If these sanctions happen to a large-scale bank (systemic bank),  it can be multiple effects cause.

scholarly journals Basic Characteristics of the Commercial Criminal Law of the Republic of Srpska / Osnovne karakteristike privredno kaznenog prava Republike Srpske

2014 ◽  
Vol 4 (4) ◽  
pp. 68
Author(s):  
Драган Јовашевић
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Modern World ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
The Republic ◽  
Basic Characteristics ◽  
Legal Entities

Considering the fact that in the modern world that knows no borders between countries and even continents, legal entities commit serious criminal offenses in the field of commercial, financial, computer, environmental, and similar operations. At the end of the 20th century, a lot of countries introduced a system of criminal responsibility and punishability of legal entities. Since the legal entity has no consciousness or will, i.e. is unable to take physical movements that would cause the consequence of a crime, specific rules on responsibility and application of criminal sanctions have been prescribed for this type of perpetrators. In this way, a new branch of criminal law was constituted - commercial criminal law. This paper deals precisely with the basic characteristics of commercial criminal law.

scholarly journals On the issue of introduction of criminal responsibility of juridical persons for corruption crimes

2014 ◽  
Vol 12 ◽  
pp. 43-47
Author(s):  
Aleksandr Vyacheslavovich Fedorov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Policy Development ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Entity ◽  
International Obligations ◽  
The Russian Federation ◽  
Legal Entities

The article substantiates the author’s conclusion to the effect that the introduction of criminal liability of legal entities is a forecast tendency of Russian criminal law policy development, and exposes objective grounds for introducing such a liability. It points out that criminal responsibility of bodies corporate is established in many countries and required by international obligations of the Russian Federation. The article contains data on the charging of legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences) and formulates reasons pointing out the insufficient effectiveness of the existing institution of legal persons’ administrative liability for acts of that type.

scholarly journals ON ISSUES OF ADMINISTRATIVE LEGISLATION REFORM IN REPUBLIC OF BELARUS IN 2020 (PART 2)

2020 ◽  
Vol 73 ◽  
pp. 71-79
Author(s):  
Vitalіy Bury ◽  
Keyword(s):  
Classification System ◽  
Criminal Responsibility ◽  
Criminal Punishment ◽  
Legal Origin ◽  
Administrative Legislation ◽  
Methodological Approaches ◽  
Administrative Penalty ◽  
Improvement Of Legislation ◽  
Administrative Responsibility ◽  
Legal Entities

First part of this article published in the current year journal’s issue no. 1 was concerned on methodological approaches to administrative legislation reformation in Belarus with regard to amendments to conceptual issues of administrative offences classification, system revision and differentiation of administrative penalties, reconsideration of essence of legal entities’ administrative responsibility, etc. Second part of this article is concerned on issues of administrative legislation reformation. It has been noted that improvement of legislation on administrative responsibility in Republic of Belarus should be carried out in full accordance with peculiarities of norms’ content and composition, concept of publicity and consequently public and fault-based responsibility for offence commitment. Matters of administrative legislation reformation from the perspective of synchronization of grounds for administrative responsibility with grounds for criminal responsibility and institute of such responsibility, expulsion of irrelevant and minimization of formal bodies of administrative offences (as well as offences having civil legal origin) from the Code of Republic of Belarus for Administrative Offences have been studied. The existence of problem of differentiation of amount of fine correlation as criminal punishment and as administrative penalty (such amounts are not synchronized and not harmonized between each other resulting in erosion of borderline between crimes and administrative offences) has been substantiated. It has been suggested to prescribe in court (or other authority empowered to conduct an administrative case) resolutions of penalty administration in the form of reprimand the recommendations on removal of causes and conditions of administrative offence committing and also to amend wording of Article 6.4 “Reprimand” of the Code of Republic of Belarus for Administrative Offences.

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