scholarly journals Criminal Liability of Legal Entities for Environmental Crimes: Foreign Experience for the Russian Legislature

2021 ◽  
Author(s):  
Nikolay Makhonko ◽  
Elena Tarasova ◽  
Elena Abanina ◽  
Yulia Plotnikova
Keyword(s):  
Criminal Liability ◽  
Foreign Experience ◽  
Environmental Crimes ◽  
Legal Entities

scholarly journals Criminal Liability in Environmental Crimes Committed by Corporations after the Supreme Court Regulation Number 13 of 2016 at Indonesia

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Fitriani Rahmadia ◽  
Hari Sutra Disemadi ◽  
Nyoman Serikat Putra Jaya
Keyword(s):  
Supreme Court ◽  
Corporate Crime ◽  
Criminal Liability ◽  
Legal Research ◽  
Criminal Sanctions ◽  
The Supreme Court ◽  
The Law ◽  
Legal Consequences ◽  
Environmental Crimes ◽  
Legal Entities

Corporations are organized groups of people and / or properties, both in the form of legal entities or non-legal entities. In relation to the corporation as a legal subject in environmental crime, it is formulated in Article 1 number 32 of the Law Number 31 Year 2009 about Environmental Protection and Management, each person is an individual or business entity, both legal entities and non-legal entities. The context of corporate crime in the environment is still not solid enough to ensure corporations in criminal sanctions because there is no legal basis regarding the procedures for handling environmental crimes committed by corporations. The Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Corporate Crime provides a basis for enforcement of criminal law, then the purpose of writing this article is to find out the form of criminal liability for corporations for environmental crimes and legal consequences after the Supreme Court Regulation Number 13 of 2013.The type of research used is legal research which is included in the normative legal research typology where this study focuses on positive legal norms in the form of legislation. The theory used by the author in analyzing is using the theory of criminal liability which is based on the principle of legality. The conclusions include: criminal sanctions that can be applied to corporations based on Article 4 of Supreme Court Regulation Number 13 of 2016 are in the form of criminal fines, additional crimes, and disciplinary actions except prisons and confinement. Last, the legal consequences of the application Article 25 Supreme Court Regulation Number 13 of 2016 with the principal criminal is a criminal fine and then the criminal added according to the law governing environmental criminal acts is the Law Number 32 Year 2009 concerning Environmental Protection and Management.

scholarly journals Criminal Liability of Legal Entities for Environmental Crimes: Problems of Law Enforcement Practice

2021 ◽  
Vol 39 (71) ◽  
pp. 224-244
Author(s):  
Yuliia O. Danylevska ◽  
Tetiana A. Sokur ◽  
Oleksandr M. Bodnaruk ◽  
Andrii V. Shevchuk ◽  
Oleksiy V. Stratiy
Keyword(s):  
Anthropogenic Activities ◽  
Criminal Liability ◽  
Practical Method ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
The European Union ◽  
Active Monitoring ◽  
Effective Prevention ◽  
Environmental Crimes ◽  
Legal Entities

The aim of the article was to conduct a comparative legal analysis of the features and problems of criminal prosecution of legal entities for environmental crimes. The research objectives were fulfilled through modern methods of cognition. The leading practical method was the method of observation. The study allowed to form a conceptual understanding of theoretical ideas about environmental crimes of legal entities in Ukraine. Currently, Ukraine is trying to focus in its legislative innovations on the implementation of progressive approaches to the introduction of a comprehensive institution of criminal law measures regarding the liability of these entities. Relevant legal mechanisms and comments identified in the practice of the European Union and substantiated by scholars, can be implemented in the legislation of Ukraine. Amendments to the rules governing the procedure for effective prevention of environmental crimes by legal entities are proposed. It seems reasonable to introduce an active monitoring analysis of anthropogenic activities of companies, and the creation of special units to identify relevant violations. The mechanisms for implementing the set of preventive and monitoring measures outlined in the article, set the background for further scientific research.

scholarly journals Death Penalty (Liquidation) of a Legal Entity as a Criminal Punishment and Bringing of a Legal Entity to the Criminal Liability after Winding up: Foreign Experience

2020 ◽  
Vol 4 ◽  
pp. 18-23
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Death Penalty ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
Legal Capacity ◽  
Criminal Punishment ◽  
Legal Entity ◽  
Foreign Experience ◽  
Criminal Sanctions ◽  
The Russian Federation ◽  
Legal Entities

The article is dedicated to issues of criminal liability of legal entities. Criminal sanctions applicable to legal entities including measures of criminal punishment are reviewed. It is noted that where a death penalty (deprivation of life) is the supreme measure of punishment for individuals, the supreme measure of punishment for legal entities is liquidation of a legal entity, its death penalty in fact, which manifests itself in the loss of the legal capacity. Attention is paid to the fact that punishment in form of liquidation is usually imposed in cases when the activities of a legal entity were in general or to a great extent aimed at committing of criminal acts or when the seriousness of a committed crime makes it impossible to preserve a legal entity and continue its activities. It is noted that court may impose other punishments in addition to liquidation of a legal entity, for example, property seizure or a fine. The author gives examples of application of liquidation of a legal entity as a criminal punishment abroad. It is stated that in some countries it is possible to bring a legal entity to the criminal liability after winding up (loss of the legal capacity). Attention is focused on the fact that while death of an individual makes criminal prosecution impossible, loss of the legal capacity ("death" of a legal entity) should not exclude the criminal liability, as self-liquidation may for example be one of the ways of evasion from criminal liability by a legal entity. Conclusion is made that study of the foreign experience of introduction of the criminal liability of legal entities including application of such criminal sanction as liquidation of a legal entity and the establishment of the regulatory procedure for the criminal liability of a legal entity after winding up (loss of the legal capacity) is more than of theoretical interest only, as there are objective prerequisites for the introduction of the criminal liability of legal entities in the Russian Federation and study of foreign laws in the indicated sphere is important for the development of the Russian theory of the criminal liability of legal entities and drafting of the corresponding amendments to the Russian criminal laws.

scholarly journals Corporate criminal liability on environmental crimes in Vietnam

2020 ◽  
Vol 203 ◽  
pp. 03014
Author(s):  
Thi Mai Dinh ◽  
Ngoc Thang Dinh ◽  
Thi Phuong Quynh Bui ◽  
Anh Duc Nguyen
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Difficult Problem ◽  
Penal Code ◽  
Procedure Code ◽  
Corporate Criminal Liability ◽  
Environmental Crimes ◽  
Legal Entities

From 00:00 on January 1, 2018, all environmental criminal acts of commercial entities are prosecuted for criminal liability. In order to investigate criminal liability for corporate legal entities, up to now, Vietnam have Criminal Code 2015, Criminal Procedure Code 2015 and Law on Execution of Criminal Judgment 2019. However, the competences, order and procedures of judgment excution for corporate legal entities that environmental commit crimes are still controversial and has been urgently discussed. The Penal Code 2015 on corporate legal entities has been in effect for nearly 5 years, but in fact up to July 2020, there has not been a commercial entity prosecuted and tried or excuted yet. The difficult problem is the penalties applied to legal entities different in the nature, order, procedures and ways of conducting compared with individual. This paper introducing the new regulations about the criminal liability on corporate entities for environmental crimes in Vietnam Criminal Code 2015 and analyze and point out some challenges, proposes some suggestions in Vietnam execution of criminal judgments.

scholarly journals Criminal Liability and Crime and Punishment Proportionality in the Crime of Legal Entities

2016 ◽  
Vol 9 (6) ◽  
pp. 61
Author(s):  
Samira Soltani ◽  
Ahmad Ramazani
Keyword(s):  
Criminal Liability ◽  
Penal Code ◽  
Legal Person ◽  
The Public ◽  
Crime And Punishment ◽  
Economic Exclusion ◽  
The Law ◽  
Definition Of ◽  
Legal Entities ◽  
The Way

One of the innovations of Islamic Penal Code in 2013 was to accept criminal liability of legal entities. By accepting criminal liability of legal entities, the way to punish them is arisen. As a legal person cannot commit any crime, any punishments are not applicable to them. Accordingly, Article 20 of this Law enumerated a list of penalties applicable to legal persons and it was tried to use penalties in accordance with the legal entities to deal with them. Punishments such as dissolution, confiscation, cash fine, announcement of the judgment, Diyeh, social and economic exclusion; such as a ban on business activities, prohibition of the public invitation to raise capital and ban from drawing business documents listed in Article 20 and Article 14, are a set of punishments which relatively different from usual punishment for individuals. These penalties are relative diversity, but what is objectionable is that the details and conditions of implementation of each of these punishments are not clear. If legislator described the details exactly or provided the condition to require the adoption of The Executive Bylaw of the punishment, it would be better. Given that all the points and issues about penalties for legal persons are not stated in this law as well as ambiguities in the law for a comprehensive definition of legal person, the way to implement main and supplementary punishments, In this study it was tried to evaluate and criticize the legal entities penalties including main and supplementary ones and their grading.

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.

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