scholarly journals THE LAWS OF ROMANIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES

2019 ◽  
Vol 9 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  

The article is dedicated to the issues of the establishment of the criminal liability of legal entities in Romania. Prerequisites for the introduction of such liability and the national laws on the criminal liability of legal entities are reviewed. Attention is paid to the fact that Romania has established such liability in the Criminal Code unlike the majority of post-socialist countries of Eastern Europe having adopted special criminal laws on the liability of legal entities. Under the Romanian laws, a legal entity is liable for criminal offenses committed within the framework of the operations of the legal entity, on its behalf or in its name. However, the Romanian laws do not specify, a crime committed by which natural person may result in the origination of the criminal liability of a legal entity. It is noted that the criminal liability of a legal entity does not exclude the criminal liability of a natural person having committed the same act. The article reviews the types of criminal punishments imposed on legal entities, which include: liquidation of a legal entity; temporary suspension of operations or one of the types of operations of a legal entity; suspension of jobs at a legal entity; temporary prohibition of participation in state procurement procedures; subjection to judicial supervision; disclosure or publication of a decision on conviction of a legal entity. Such legal institutes as the period of limitation for bringing to criminal liability, repeated offense, amnesty are reviewed with regard to the criminal liability of legal entities.

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  

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.


Author(s):  
Александр Вячеславович ФЕДОРОВ

Статья посвящена вопросам введения уголовной ответственности юридических лиц на Украине. Рассматриваются попытки установления такой ответственности при подготовке нового Уголовного кодекса Украины и в дальнейшем путем принятия в 2009 г. специального уголовного закона об ответственности юридических лиц за совершение коррупционных преступлений. Украина стала первым из постсоветских государств, включившим такие нормы не в уголовный кодекс, а в специальный закон - комплексный нормативный правовой акт, содержащий нормы уголовного и уголовно-процессуального законодательства. Отмечается, что этот закон являлся действующим лишь 4 дня, и приводятся причины признания его утратившим силу. Повторно уголовная ответственность была установлена путем внесения в 2013 г. в Уголовный кодекс Украины изменений, согласно которым юридические лица признаются не субъектами уголовных правонарушений, а субъектами уголовной ответственности, заключающейся в применении судом в уголовно-процессуальном порядке мер уголовно-правового характера в отношении юридического лица. Применение таких мер возможно в случаях совершения уполномоченным физическим лицом уголовных правонарушений (преступлений и уголовных проступков), специально указанных в Общей части Уголовного кодекса Украины. Рассматриваются применяемые к юридическим лицам виды мер уголовно-правового характера: штраф, конфискация и ликвидация юридического лица. Приводятся правила применения к юридическим лицам мер уголовно-правового характера и основания для освобождения юридического лица от применения к нему таких мер. Отмечается, что уголовное судопроизводство по делам об уголовных правонарушениях, при совершении которых к юридическим лицам могут быть применены меры уголовно-правового характера, осуществляется в соответствии с обычной процедурой с учетом особенностей, предусмотренных Уголовно-процессуальным кодексом Украины. Дается краткая характеристика этих особенностей, в том числе указывается, что от имени юридического лица в уголовном процессе участвует его представитель. Рассматриваются его права и обязанности. The article is devoted to the issues of introducing criminal liability of legal entities in Ukraine. The article considers attempts to establish such liability in the preparation of the new Criminal Code of Ukraine and further by the adoption in 2009 of a special criminal law on liability of legal entities for committing corruption crimes. Ukraine became the first of the post-Soviet states to include such norms not in the criminal code, but in a special law - a comprehensive normative legal act containing the norms of criminal and criminal procedural legislation. It is noted that this law was in effect for only 4 days and the reasons for recognizing it as invalid are given. Criminal liability was re-established by introducing amendments to the Criminal Code of Ukraine in 2013, according to which legal entities are recognized not as subjects of criminal offenses, but as subjects of criminal liability, which consists in the application by the court in the criminal procedural procedure of measures of a criminal-legal nature in relation to a legal entity. The application of such measures is possible in cases of committing by an authorized individual of criminal offenses (crimes and criminal offenses), specially specified in the General Part of the Criminal Code of Ukraine. The types of measures of a criminal-legal nature applied to legal entities are considered: fines, confiscation and liquidation of a legal entity. The rules for the application of measures of a criminal-legal nature to legal entities and the grounds for exempting a legal entity from applying such measures to it are given. It is noted that criminal proceedings on cases of criminal offences in commission of which measures of criminal law nature can be applied to legal persons, is carried out in accordance with the usual procedure taking into account the peculiarities provided by the Criminal Procedure Code of Ukraine. A brief description of these peculiarities is given, including the fact that on behalf of a legal entity its representative participates in criminal proceedings. The rights and obligations of the representative are considered.


2018 ◽  
Vol 6 ◽  
pp. 76-80
Author(s):  
Aleksandr V. Fedorov ◽  

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.


2018 ◽  
Vol 10 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  

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.


2018 ◽  
Vol 7 ◽  
pp. 69-76
Author(s):  
Aleksandr V. Fedorov ◽  

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


2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  

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.


2019 ◽  
Vol 7 ◽  
pp. 68-77
Author(s):  
Aleksandr V. Fedorov ◽  
◽  

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.


2019 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  

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.


Author(s):  
Pan Dunmei

Crime committed by a legal entity is an unavoidable social phenomenon in the process of modern socio-economic development in different countries of the world. The crime of a legal entity in modern Chinese criminal law is called a corporate crime. Since the establishment of the people's Republic of China until 1979, only the criminal liability of individuals has been recognized in the field of Chinese criminal law and criminal law theory. Corporate criminal responsibility in the People's Republic of China was established in a completely new historical context: with the development of the commodity economy and market economy in the new China, corporate crimes appeared in public life and gradually spread in the middle and second half of the 1980s, so that regulation through laws became a requirement for the Chinese society to function normally. In this social context, the Standing Committee of the All-China People's Congress has passed a number of laws that provide for corporate crimes. Before the Criminal Code of the People's Republic of China came into force of in 1997, corporate crimes already accounted for about one third of all offences stipulated in specific criminal and non-criminal laws, which lead to the final establishment of corporate criminal responsibility in the new Criminal Code of China. The author analyzes the problem of criminal liability for corporate crimes in the criminal law of the People's Republic of China from the standpoint of traditional theory, as well as predicts the appropriate trends in the future development of theoretical approaches to bringing legal entities to criminal responsibility in a risk society. According to the author, in a risk society, effective prevention of risks in the activities of legal entities is inseparable from the efforts of legal entities themselves, and criminal law, as one of the tools for risk distribution, is aimed primarily not at punishment, but at increasing the motivation of legal entities to achieve this.


2020 ◽  
Vol 10 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  

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.


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