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.

scholarly journals Collective Criminal Liability in the Republic of Poland

2018 ◽  
Vol 3 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Petr A. Litvishko ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Broad Sense ◽  
The Republic ◽  
Polish Law ◽  
Corporate Criminal Liability ◽  
Legal Entities

The article explores collective criminal liability in the Republic of Poland. The analysis of the relevant provisions of Polish law is preceded by a summary of the approaches to the understanding of collective criminal liability abroad, determining the interrelation of the notions of collective criminal liability and corporate criminal liability, defining the content of criminal liability of legal persons in the narrow and broad sense. The paper considers the substantive provisions of the Republic of Poland’s legislation regulating collective criminal liability (criminal liability of legal entities in a broad sense), as well as views of the Polish criminal law doctrine on the nature of such liability and prospects of improving its legal regulation.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Challenges to Criminalizing State Responsibility for Genocide

Postgenocide ◽  
2021 ◽  
pp. 33-62
Author(s):  
Kevin Aquilina
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Individual Responsibility ◽  
State Responsibility ◽  
Criminal Courts ◽  
Judicial Authority ◽  
Corporate Criminal Liability ◽  
Individual Criminal Responsibility

This chapter shows that although often states are parties in a genocide enterprise, the centrality—and responsibility—of states for genocide does not receive attention commensurate with the severity of the problem. Indeed, genocidal states are not held criminally responsibility for genocide. Underscoring difficulties at proving state criminal responsibility for genocide, the analysis compares and contrasts individual criminal responsibility and state criminal responsible for genocide. Whereas in the former case the matter has been dealt with by domestic and international criminal courts and tribunals, in the latter case there is no international judicial authority which can try states for criminal responsibility. However, non-state corporate criminal liability, and evolution of this institute in international law, may provide some transferable lessons for state responsibility for genocide. The chapter highlights the nexus between individual responsibility and state responsibility, and the failures of international genocide law in establishing state responsibility for genocide.

Revealing the unexplained wealth in Indonesian corporation

2019 ◽  
Vol 27 (1) ◽  
pp. 29-42
Author(s):  
Anastasia Suhartati Lukito
Keyword(s):  
Crime Prevention ◽  
Legal System ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Ethical Business ◽  
Content Type ◽  
Business Values ◽  
Illegal Activities ◽  
Asset Forfeiture ◽  
Corporate Criminal Liability

Purpose The purpose of this paper is to analyze the unexplained wealth inside the corporation and to initiate and apply unexplained wealth order in the Indonesian corporation based on the Indonesian legal system and prevailing laws. An effective tool needs to be implemented because of the facts that numerous corporate illegal activities lead to economic and financial crime. Meanwhile, there are difficulties to implement the corporate criminal liability. Non-conviction-based asset forfeiture will be a way out to deal with the current condition. Design/methodology/approach This paper explores and analyzes the Indonesian legal system, particularly a non-conviction-based asset forfeiture for corporate illegal activities. This paper is based on the research paper conducted with the legal normative approach. Findings Non-conviction-based asset forfeiture through unexplained wealth order will be an effective tool and a revolutionary pattern in the crime prevention perspective dealing with corporate crime. Corporate criminal liability in anti-corruption regime can be viewed from two perspectives by combining and integrating crime prevention approach as well as the repressive approach. The Indonesian Supreme Court Regulation number 13 of 2016 is a breakthrough in the criminal justice system to redesign case handling procedure toward corporate crime. It needs to be supported by precise asset forfeiture law. Furthermore it is necessity to strengthening and built corporations with moral and ethical business values. Practical implications This paper can be a source to explore the unexplained wealth that can occur in the corporation and the way to overcome it through unexplained wealth order and non-conviction-based asset forfeiture. Originality/value This paper contributes by initiating a non-conviction-based asset forfeiture, which is implementing the in rem proceeding, to make sure the crime does not pay and the victim and society suffer less because of the corporate crime.

Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

2018 ◽  
Vol 8 (7) ◽  
pp. 2165
Author(s):  
Alyona M. KLOCHKO ◽  
Nikolai P. KURILO ◽  
Svetlana I. ZAPARA ◽  
Irina V. ARISTOVA ◽  
Mykola I. LOGVINENKO
Keyword(s):  
Banking Sector ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
External Threats ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation

Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are  analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.

scholarly journals Criminal Enforcement Law Policy for Corporate

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Dinh Thi Mai
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Enforcement Policy ◽  
Corporate Criminal Liability ◽  
Enforcement Policies ◽  
Legal Entities

Corporate criminal liability remain a very new issue for Vietnam's criminal justice background. Criminal judgment execution and criminal enforcement policy for corporate in Vietnam are still in the process of formulating and forming policies. Therefore, in this article, we study and discuss four factors that are considered the main pillars of criminal law enforcement policies for criminal, including: (1) Impact object of criminal law enforcement policy on corporate; (2) Object of criminal law enforcement policy for corporate; (3) Subjects of criminal law enforcement policies for corporate legal entities; (4) Forms and measures of criminal law enforcement policy for corporate. Keywords: Criminal law enforcement policy; corporate criminal; impact object; object; subject; form and measure of policy. References: Đỗ Đức Hồng Hà (2019). Nhận diện pháp nhân thương mại trong Luật Thi hành án hình sự (sửa đổi). Hội thảo khoa học về Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[2] Đinh Thị Mai (2019). Các yếu tố tác động tới chính sách pháp luật thi hành án hình sự đối với pháp nhân thương mại phạm tội. Hội thảo khoa học Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[3] Ngô Đức Minh (2019). Trình tự, thủ tục thi hành án và các biện pháp bảo đảm thi hành án cấm kinh doanh, cấm hoạt động trong một số lĩnh vực đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[4] Đậu Anh Tuấn (2019). Cơ quan quản lý nhà nước lĩnh vực hoạt động của pháp nhân thương mại và xác định trách nhiệm của cơ quan quản lý nhà nước trong thi hành án đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[5] Quốc hội (2015). Bộ luật Dân sự năm 2015.[6] Quốc hội (2014). Luật Doanh nghiệp năm 2014.[7] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Chứng khoán số 27/VBHN-VPQH ngày 18 tháng 12 năm 2013. [8] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Kinh doanh bảo hiểm số 12/VBHN-VPQH ngày 23 tháng 7 năm 2013. [9] Văn phòng Quốc hội (2018). Văn bản hợp nhất Luật Đầu tư số 06/VBHN-VPQH ngày 29 tháng 6 năm 2018.  

scholarly journals PERTANGGUNGJAWABAN PIDANA KORPORASI (PT) ATAS TINDAK PIDANA PERUSAKAN LINGKUNGAN HIDUP

2021 ◽  
Vol 2 (02) ◽  
pp. 143-155
Author(s):  
Erni Juniria Harefa ◽  
Pondang Hasibuan ◽  
Sahat Benny Risman Girsang ◽  
Herlina Manullang
Keyword(s):  
Environmental Pollution ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Legal Protection ◽  
Corporate Management ◽  
Library Research ◽  
Responsible Corporate Officer ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

The occurrence of environmental crimes in the form of environmental pollution and/or destruction, mostly carried out in the context of running an economic business, and is also the attitude of the authorities and entrepreneurs who do not carry out or neglect their obligations in environmental management. Environmental pollution and/or destruction continues to increase in line with the increase in industrial activities or the like, of course the environment needs legal protection. Article 116 of the Environmental Protection and Management Law (UUPPLH), makes the concept of corporate criminal responsibility and corporate management (directors, managerswho are responsible for managing the company's environment, can even be asked to shareholders and commissioners) together, in the event that the activities and/or business of the corporation cause environmental pollution and/or destruction. On the other hand, the accountability of the directors/management of the corporation is also needed because there is a possibility that the sanctions imposed on the corporation will not affect the lives of the leaders/management of the corporation.The method used in this thesis research is normative juridical research using primary, secondary, and tertiary legal materials. This study uses library research techniques, which are then analyzed qualitatively. Based on the results of the study, that corporate criminal liability in Article 116 paragraph (1) UUPPLH is based on the identification of Theory and Vicarious Liability. Meanwhile, the director's criminal responsibility as an individual for criminal acts of environmental destruction occurs as long as the director has the authority to prevent violations or to improve the situation. Meanwhile, the criminal responsibility of the director representing the PT organ for environmental crimes can be identified based on the Responsible Corporate Officer Doctrine (RCO) and Strict Liability, because his position in the company has an obligation to take action to ensure that the violation will not occur as stipulated in Article 116 and 117 UUPPLH.

scholarly journals Legal entities and criminal law – principles of sanctioning

2013 ◽  
Vol 61 (7) ◽  
pp. 2261-2268 ◽  
Author(s):  
Věra Kalvodová
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Protective Measure ◽  
Corporate Criminal Liability ◽  
Legal Entities

The article deals with the issue of sanctioning of legal entities in connection with corporate criminal liability introduced after 1 January 2012. It provides a characterization of the sanctioning system provided for under the Act No. 418/2011 Coll. on the Criminal Liability of Legal Entities and on Proceedings against Them, and deals with the crucial principles governing the imposition of punishments and the protective measure. It further discusses the modifications of the sanctions with respect to legal entities, mainly as regards the principles of legality, purposefulness, adequacy, personality and subsidiarity of criminal repression.

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