scholarly journals ON THE LIABILITY OF LEGAL ENTITIES FOR COMMITTED CRIMES IN THE CZECH REPUBLIC

2019 ◽  
Vol 2 ◽  
pp. 67-75
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Czech Republic ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The European Union ◽  
Considerable Influence ◽  
Council Of Europe ◽  
The Czech Republic ◽  
Criminal Procedure Law ◽  
Legal Entities

The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Czech Republic. The author reviews prerequisites for introduction of such liability in the Czech Republic, legal acts establishing such liability, the main of which are the special comprehensive Act of December 6, 2011, On the Criminal Liability of Legal Entities and Procedural Actions in Their Respect comprising provisions of criminal and criminal procedure law and the Criminal Code of the Czech Republic. The article lays strong emphasis on which crimes allow bringing legal entities to criminal liability under the Czech laws. Changes in the list of such crimes and options of their legal determination are analyzed. Bases for singling out crimes stipulating criminal liability of legal entities out of the number of acts acknowledged as crimes (so-called selective criminalization) are reviewed. It is noted that international agreements stipulating criminal liability of legal entities have become such bases in many cases; the article mentions the corresponding acts of the Council of Europe and the European Union having exerted considerable influence on the creation of the list of crimes committed by legal entities. The author reviews the operation of the criminal law in respect of legal entities having committed crimes beyond the borders of Czechia. Attention is paid to the fact that not all legal entities may be criminal liability subjects under the Czech laws.

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.

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 CRIMINAL LIABILITY OF LEGAL ENTITIES IN SPAIN: ESTABLISHMENT AND GENERAL PROVISIONS

2019 ◽  
Vol 11 ◽  
pp. 72-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
European Union ◽  
International Organizations ◽  
Criminal Liability ◽  
Decisive Role ◽  
Criminal Code ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Personality ◽  
Gradual Introduction ◽  
Legal Entities

The article is dedicated to issues of criminal liability of legal entities in the Kingdom of Spain. It is noted that Spain refers to the countries whose criminal laws are codified only in part and include special laws in addition to the national criminal code. Criminal liability of legal entities is established and regulated by the Criminal Code as well as by special criminal laws. Gradual introduction of criminal liability of legal entities in Spain by means of corresponding amendments to criminal laws is reviewed. Attention is directed to the fact that the decisive role in the establishment of criminal liability of legal entities is played by Spain’s membership in the Council of Europe, the European Union (EU) and the Organization for Economic Cooperation and Development (OECD), which impose requirements for bringing national laws of the member states in compliance with the standards of such international organizations in terms of introduction of criminal liability of legal entities. It is noted that the Criminal Code of Spain has initially included only provisions on civil liability of legal entities and has been supplemented with provisions on criminal liability of legal entities later. Amendments to the Criminal Code of Spain introduced in 2010 and establishing criminal liability of legal entities as well as further legal novelties regulating such liability are analyzed. The range of subjects of criminal liability established for legal entities and legal entities immune from such liability are indicated. Attention is directed to the issues of bringing to criminal liability of legal entities having lost their legal personality as a consequence of merger, acquisition, split-up or liquidation after committing a crime. It is noted that legal entities may be brought to liability not for any crimes stipulated by the national laws, rather just for some of them, specifically described in the criminal laws.

Principles of liability under the Polish Criminal Code for behavior relating to the termination of pregnancy undertaken in Poland and the Czech Republic

2020 ◽  
Vol 20 (1) ◽  
pp. 237-264
Author(s):  
Olga Sitarz ◽  
Anna Jaworska-Wieloch
Keyword(s):  
Czech Republic ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Termination Of Pregnancy ◽  
Legal Analysis ◽  
The Czech Republic ◽  
The Third ◽  
Legal Situation

Summary The article explores the problem of significance the termination of pregnancy in the context of criminal responsibility. In the first step, the legal analysis is focused on establishing the change of legal status connected with abortion and all the consequences for criminal responsibility. The second section refers to the current act, trying to find the answer how to recognized the termination of pregnancy. The third part refers to legal situation in Czech Republic at this area. Finally, some reflections on the criminal liability for the place of the offence have been presented. The possibility of conviction for abortion in a country where it is legal should be examined..

scholarly journals CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE CZECH REPUBLIC

2019 ◽  
Vol 3 ◽  
pp. 74-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Czech Republic ◽  
Mass Media ◽  
Criminal Liability ◽  
The Czech Republic ◽  
Legal Entity ◽  
Specific Object ◽  
Definition Of ◽  
Legal Entities

The article is devoted to the issues of legislative establishment of criminal liability of legal entities in the Czech Republic including definition of a legal entity as a subject of crime and criminal liability, conditions under which a crime is considered committed by a legal entity. Special attention is paid to an analysis of the special comprehensive Law of December 6, 2011, On Criminal Liability of Legal Entities and Procedural Actions in Respect Thereof and criminal punishments stipulated by this law for legal entities including: cancellation of registration (liquidation) of a legal entity; property seizure; money fine; seizure of a specific object; prohibition of activities; prohibition of participation in state contracts, non-admission to concession procedures and state procurements; prohibition of receipt of any government allowance or subsidy; judgment publication in state mass media. Injunctive remedies taken in respect of legal entities are reviewed.

scholarly journals Subject Of A Crime Under French Criminal Legislation

2021 ◽  
Vol 03 (01) ◽  
pp. 63-68
Author(s):  
Khurshida Mirziyatovna Abzalova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Entities

This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.

scholarly journals New Legal Solutions in the Hungarian Criminal Law with Reference to the Fight against the Irregular Migration

2019 ◽  
Vol 4 (2) ◽  
pp. 44
Author(s):  
Robert Bartko
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Irregular Migration ◽  
Member States ◽  
Irregular Migrants ◽  
Criminal Procedure Law ◽  
General Section ◽  
Criminal Statistics

International migration has intensified during the last two decades. Europe has been receiving increasing number of migrants from the developing countries (primarily from the Near-East). The number of the irregular migrants entered the European Union reached unprecedented levels in the last four years. The mentioned phenomenon affected the European Union and the Member States as well. The irregular migration is defined and managed in different ways by the Member States. In 2015, when Hungary was in the centre of the migratory flow, a political decision on taking the necessary criminal measures to stop the irregular migrants was made by the Hungarian Government. The legal response concerned widely the Hungarian legal system. In the centre of the amendment were the criminal law and the criminal procedure law. Within the frame of the mentioned decision the Hungarian Criminal Code was amended with three new crimes which are the followings: damaging the border barrier, unlawful crossing the border barrier and obstruction of the construction work on border barrier. The above-mentioned amendment modified the general section of the Criminal Code as well concerning the irregular migration. The aim of the paper is to present on the one hand the solution of the Hungarian criminal law with special reference to the new statutory definitions using the analytical method and on the other hand the data of the Hungarian criminal-statistics as well. However, it shall be underlined that in our paper we could work only with the offical criminal-statistics for 2015-2017 because until the finishing of our study the Unified Hungarian Criminal Statistic of the Investigation Authorities and Prosecution did not summarize yet the data concerns the year of 2018.

scholarly journals ECONOMIC CRIMINAL LAW - COMPARATIVE OUTLOOK

2017 ◽  
pp. 025
Author(s):  
Vanja Serjević
Keyword(s):  
United States ◽  
European Union ◽  
Criminal Law ◽  
United States Of America ◽  
Criminal Liability ◽  
The United States ◽  
The European Union ◽  
Judicial Practice ◽  
Illegal Behavior ◽  
Legal Entities

The criminal liability of legal entities has been in the focus of the criminal law reforms over the last century, especially in the modern globalization era. The theoretical debate and the creative judicial practice in cases of serious illegal behavior of corporations have provided the necessary vehicle for change from the traditional conception that legal persons cannot be liable under criminal law (‘societas delinquere non potest’) to the newly embraced doctrine of ‘respondeat superior’ (with some modification). The article presents an overview of the major concepts and theories of the criminal liability of legal entities. After providing a comprative overview of relevant legislation in the prominent criminal law systems of the United States of America, Germany and the European Union, the author provides a general overview of the Serbian legislation on this matter.

scholarly journals How to Fight Puppy Mills: Toughening the Sentences for Animal Abuse in the Post-Communist Region

Animals ◽  
2020 ◽  
Vol 10 (6) ◽  
pp. 1020
Author(s):  
Lukáš Novotný
Keyword(s):  
Decision Making ◽  
Czech Republic ◽  
Criminal Law ◽  
Criminal Code ◽  
European Countries ◽  
Sentencing Guidelines ◽  
Animal Abuse ◽  
The Czech Republic

This study seeks answers to questions regarding the kind of main legislative issues and obstacles there are in providing a legal solution to the problem of illegal puppy mills in the post-communist context, how criminal law experts opine about toughening the sentencing guidelines for animal abuse and deficient puppy mills, what kind of arguments have been formulated and how they have shaped the decision making by lawmakers, and how Czech politicians have argued in favour of or against toughening the sentencing guidelines for animal abuse. The Czech Republic was selected as a country of “flourishing” illegal breeding establishments and puppy exports to other European countries—a problem that has long required a solution. The introduction defines the concepts of animal abuse and puppy mills employed in the paper. Subsequently, the paper outlines existing laws as well as the amendments to toughen the sentencing guidelines. I use the example of debates among parliamentarians and legal experts on toughening the Czech Criminal Code and introducing longer prison terms to demonstrate some typical issues of the debates on tougher sentences for animal abuse in the post-communist region.

scholarly journals Illicit Enrichment: a New Approach to Criminalizing the Act

2020 ◽  
Vol 14 (4) ◽  
pp. 593-600
Author(s):  
Alexander Golovin ◽  
Natalia Bugayevskaya
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
New Approach ◽  
Criminal Procedure Law ◽  
Legal Document ◽  
State Income ◽  
The Russian Federation ◽  
Objective Side ◽  
Criminal Legislation

The authors analyze the necessity and expediency of incorporating the norm on liability for illicit enrichment into Russian criminal legislation in accordance with the requirements of Art. 20 of the United Nations Convention against Corruption of 2003. The ratification of this international legal document placed Russian lawmakers under an obligation to modernize the anti-corruption legislation, including an obligation to recognize the illegal character of the actions of those officials whose assets have increased disproportionally to their legal income. The authors recognize the existence of different approaches to estimating illicit enrichment as corpus delicti. They rebut the allegation that establishing criminal liability for illicit enrichment does not correspond to the principles of criminal and criminal procedure law; they draw parallels with the current corpora delicti (illegal entrepreneurship and others) in criminal law and prove that establishing that a person possesses certain assets does not contradict the principle of guilt and the principle of the presumption of innocence. The criminal law analysis of illicit enrichment was carried out using the method of modeling corpus delicti with the use of constructions suggested by other scholars and the authors of the draft law on changes in the Criminal Code of the Russian Federation regarding this corpus delicti. The criticism of the suggested models and the research of some elements of corpus delicti, specifically, the objective side of illicit enrichment, led the authors to the conclusion that it is impossible to include this corpus delicti into law because it does not correspond to the requirements of the constitutional and criminal law principle of justice. The impossibility of criminalizing illicit enrichment does not contradict the recommendatory character of conventional norms and does not result in a gap in law. The problem is solved on the basis of legislation on public service, civil and civil procedure legislation. The examined court practice regarding the cases in which the prosecutors requested to turn into a state income the assets whose licit acquisition has not been proven makes it possible to claim that international anti-corruption standards connected with illicit enrichment have been put into practice.

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