scholarly journals Criminal Liability of Legal Entities under the Laws of the Former Yugoslav Republic of Macedonia

2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Republic Of Macedonia ◽  
Special Part ◽  
Yugoslav Republic ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to the review of the laws of the Republic of Macedonia (the Former Yugoslav Republic of Macedonia) on criminal liability of legal entities established in 2004 by introduction of amendments and supplements to the Criminal Code of the Republic of Macedonia. The article analyzes legal resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of legal entities which can be brought to criminal liability; focuses on the fact that legal entities in the Republic of Macedonia may not be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws, rather for the acts which are specifically addressed in the articles of the Special Part of the Criminal Code of the Republic of Macedonia or other criminal laws. The author reviews such types of criminal sanctions applicable to legal entities as a fine, legal entity liquidation, forfeiture and sentence publication; notes the circumstances taken into account at punishment imposition and conditions for release from punishment as well as criminal and procedural peculiarities of bringing legal entities to liability including indication of broad discretionary powers of a prosecutor in solution of issues on bringing legal entities to criminal liability.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Slovenia

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Commercial Activities ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.

scholarly journals Odgovornost pravnih lica za sva ili samo za određena krivična djela? / Responsibility of Legal Entities for all or for Certain Criminal Acts?

2016 ◽  
Vol 6 (6) ◽  
pp. 246
Author(s):  
Miodrag Bukarica
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Entity ◽  
Republic Of Macedonia ◽  
Special Part ◽  
The Republic ◽  
Legislative Model ◽  
Legal Entities

Court practice and illustrative examples of the legislator’s negligence in passing the appropriate laws and bylaws provisions point that, in Bosnia and Herzegovina, the most acceptable would be separation of the criminal acts of legal entities, according to the legislative model of the Republic of Macedonia. Namely, the Republic of Macedonia has not passed a special law on criminal responsibility of legal entities, since the provisions on criminal responsibility (lex specialis) are included as a special chapter of the criminal law and are applied primarily, while the general provisions of the criminal law are applied only in cases not stipulated by the special provisions. Thus in the Special Part of the Criminal Code, along with the legal description, within certain criminal acts it is emphasized that a legal entity may be held responsible for the particular criminal act. Given that, in Bosnia and Herzegovina it would also be possible to determine (separate) criminal acts of a legal entity. The advantage of such solution lies in the fact that it is very simple in the technical sense since, on the occasion of passing amendments and alterations of the special part of the criminal law, no additional interventions shall be required in the criminal law or in the substantial legislation.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Montenegro

2018 ◽  
Vol 7 ◽  
pp. 69-76
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Entity ◽  
Procedure Code ◽  
Criminal Offenses ◽  
General Part ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Montenegro on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2006, the Criminal Code of the Republic of Montenegro and the Criminal Procedure Code of the Republic of Montenegro. The publication reviews statutory resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of persons who can be brought to criminal liability; pays attention to the fact that legal entities in the Republic of Montenegro may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Montenegro, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, forfeiture and sentence publication; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes criminal procedure peculiarities of bringing legal entities to liability including broad discretionary powers of a prosecutor in resolution of issues on bringing legal entities to criminal liability

scholarly journals CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE SLOVAK REPUBLIC

2019 ◽  
Vol 7 ◽  
pp. 68-77
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Criminal Law ◽  
Slovak Republic ◽  
Criminal Liability ◽  
Criminal Code ◽  
The European Union ◽  
Protective Measures ◽  
Legal Entity ◽  
The Republic ◽  
To Receive ◽  
Legal Entities

The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Slovak Republic (Slovakia). Similarity of prerequisites for introduction of such liability in the Slovak Republic is noted. Gradual establishment of criminal liability of legal entities in Slovakia is noted, initially it was by means of amendment of the Criminal Code of Slovakia by Law No. 224/2010, which allows for using such “protective measures” as redemption and deprivation of property in relation to legal entities, then it was by means of adoption of Law No. 91/2016 on criminal liability of legal entities. Basic provisions of the Slovak law on criminal liability of legal entities are considered. The attention is paid to the fact that in the Slovak Republic there is a so-called selective criminalization as to the criminal liability of legal entities, when they can be held criminally liable not for all crimes specified in the Criminal Code of the Republic of Slovakia, but only for those of them, which are specified in the special Law No. 91/2016. A list of crimes, for which criminal liability is possible for legal entities, and conditions under which a crime is admitted to be committed by a legal entity, is specified. It is specified, which types of legal entities are foreseen by the Slovak law, and noted that not all of them can be the subjects of criminal liability according to the national laws. The effect of the criminal law is considered in relation to legal entities that have committed crimes in the territory of the Slovak Republic and outside it. The article contains the description of the types of criminal punishments of legal entities, which include: liquidation of the legal entity; deprivation of property; deprivation; penalty; prohibition to carry out activity; prohibition to receive subsidies and grants; prohibition to receive assistance and support from funds of the European Union; prohibition to participate in state procurement; publication of conviction.

scholarly journals The Criminal Liability of Legal Entities under the Laws of Bosnia and Herzegovina

2018 ◽  
Vol 9 ◽  
pp. 73-78
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Law System ◽  
Criminal Sanctions ◽  
Proceeds Of Crime ◽  
The Republic ◽  
Legal Consequences ◽  
Legal Entities

The article is dedicated to a review of the laws of Bosnia and Herzegovina on the criminal liability of legal entities. The article reviews the criminal law system of Bosnia and Herzegovina, which includes among other laws the four criminal codes: the Criminal Code of Bosnia and Herzegovina; the Criminal Code of the Federation of Bosnia and Herzegovina; the Criminal Code of the Republic of Srpska and the Criminal Code of the Brčko District. The author analyzes provisions of the criminal laws of Bosnia and Herzegovina on the criminal liability of legal entities. The author notes that pursuant to such provisions, legal entities are acknowledged as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; underlines that legal entities in Bosnia and Herzegovina can be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws. The publication reviews the grounds and conditions for the criminal liability of legal entities; the model of the criminal liability of legal entities; the criminal sanctions imposed on legal entities and the applied security measures. It is noted that the criminal codes in effect in Bosnia and Herzegovina make a distinction between the punishment measures, security measures, seizure of proceeds of crime and legal consequences of conviction of a legal entity.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Croatia

2018 ◽  
Vol 6 ◽  
pp. 76-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
To Receive ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Croatia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2003, the Criminal Code of the Republic of Croatia and the Criminal Procedure Code of the Republic of Croatia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Croatia for any acts defined by the law as crimes; considers criminal punishments (sanctions) applicable to legal entities: fi ne and legal entity liquidation; reviews the possibility of imposition of a conditional sentence on a legal entity; reviews the security measures applicable to legal entities, including: professional prohibitions (prohibitions to perform specific activities or transactions), prohibitions to perform transactions using national or local budgetary funds, prohibitions to receive licenses, permissions, subventions or concessions provided by national bodies; sentence publication and forfeiture.

scholarly journals The Kosovan Option of the Criminal Liability of Legal Entities

2018 ◽  
Vol 10 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Legal Entity ◽  
Procedure Code ◽  
Criminal Offenses ◽  
General Part ◽  
The Republic ◽  
Legal Entities

The article is dedicated to a review of the laws on criminal liability of legal entities of a partially recognized state, the Republic of Kosovo. Its main acts are the Criminal Code of the Republic of Kosovo, the special Law on the Liability of Legal Entities for Criminal Offenses and the Criminal Procedure Code of the Republic of Kosovo, which came into force on January 1, 2013. The publication reviews statutory resolutions allowing considering a legal entity a criminal liability subject; pays attention to the fact that legal entities in the Republic of Kosovo may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Kosovo, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, property forfeiture; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes the criminal procedure peculiarities of bringing legal entities to liability.

scholarly journals CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE SOCIALIST REPUBLIC OF VIETNAM

2020 ◽  
Vol 10 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Body ◽  
Socialist Republic ◽  
Legal Entity ◽  
Special Part ◽  
The Subject ◽  
Legal Entities

The article is devoted to the issues of criminal liability of legal entities in the Socialist Republic of Vietnam (SRV), established by the Criminal Code of SRV 2015, which entered into force on January 1, 2018.It is noted that not any legal entities can be prosecuted in Vietnam, but only those of them, which are recognized as commercial (corporate) legal entities. The Criminal Code of Vietnam defines a crime of a commercial legal entity as an act dangerous to society and provided for by the criminal code, committed intentionally or unintentionally by a commercial legal entity, infringing on relations protected by the criminal code. Thus, a commercial legal entity is recognized as the subject of a crime. It is pointed out that in Vietnam there is a so-called “secondary” or “selective” criminalization, when acts recognized as crimes are determined in the national law, and then from the existing list of crimes those for which legal entities may be criminalized are determined. In total, at present, such responsibility is provided for crimes provided for by 33 articles of the Special Part of the Criminal Code of Vietnam. A commercial legal entity bears criminal responsibility in cases when: the crime is committed on behalf of a commercial legal entity; the crime was committed in the interests of a commercial legal entity; the crime was committed at the direction of the body (administration) of a commercial legal entity or in accordance with its decision. Penalties applied to commercial legal entities are given, and a brief description of some of them is given.

scholarly journals The Criminal Liability of Legal Entities in the Former Yugoslav Territory

2018 ◽  
Vol 11 ◽  
pp. 69-76
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Law ◽  
Criminal Liability ◽  
Republic Of Macedonia ◽  
Yugoslav Republic ◽  
The Common ◽  
The Republic ◽  
Identification Model ◽  
Legal Entities

The article is dedicated to review of laws of countries of the so-called Yugoslav criminal law group, which originated in the former Yugoslav territory. The article describes the concept of the former Yugoslav territory as the territory of the former Socialist Federal Republic of Yugoslavia (SFRY), consisting of 10 entities: the former Yugoslav Republic of Macedonia, the Republic of Serbia, the Republic of Slovenia, the Republic of Croatia, the Republic of Montenegro, the State of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, the Republic of Srpska, the Brčko District of Bosnia and Herzegovina and the partially recognized Republic of Kosovo, each of which has adopted its own criminal laws. The mentioned states follow the SFRY criminal law traditions to a greater or lesser extent, which largely ensures similarity of criminal laws of these states and gives a possibility to unite them in the Yugoslav criminal law group. All of the states recognize the criminal liability of legal entities. The author points out the common historical, international and political roots of such liability; reviews options of establishment of liability of legal entities by inclusion of the corresponding provisions in the national criminal codes or adoption of specific criminal laws on liability of legal entities as well as statutory resolutions making it possible to consider a legal entity as a criminal liability subject; gives a scope of legal entities, which cannot be brought to criminal liability; emphasizes the differences in the determination of crimes, which can lead to bringing legal entities to criminal liability; notes that in some countries of the reviewed group legal entities may be brought to criminal liability only for specifically indicated crimes while other countries have no such limitation; analyzes the bases of liability of legal entities stipulated by criminal laws and the models of criminal liability of legal entities implemented in the states of the Yugoslav group: an identification model and an extended identification model; states application of articles of the general parts of national criminal codes for bringing of legal entities to criminal liability.

scholarly journals THE HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY

2019 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The European Union ◽  
Legal Entity ◽  
Criminal Procedure Law ◽  
The Law ◽  
Legal Entities

The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.

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