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 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 What is a firm? A reply to Jean-Philippe Robé

2021 ◽  
pp. 1-11
Author(s):  
Simon Deakin ◽  
David Gindis ◽  
Geoffrey M. Hodgson
Keyword(s):  
Theory Of The Firm ◽  
Recent Book ◽  
Everyday Language ◽  
Modern Capitalism ◽  
Legal Foundations ◽  
Common Parlance ◽  
The Law ◽  
Business Entities ◽  
Definition Of ◽  
The Way

Abstract In his recent book on Property, Power and Politics, Jean-Philippe Robé makes a strong case for the need to understand the legal foundations of modern capitalism. He also insists that it is important to distinguish between firms and corporations. We agree. But Robé criticizes our definition of firms in terms of legally recognized capacities on the grounds that it does not take the distinction seriously enough. He argues that firms are not legally recognized as such, as the law only knows corporations. This argument, which is capable of different interpretations, leads to the bizarre result that corporations are not firms. Using etymological and other evidence, we show that firms are treated as legally constituted business entities in both common parlance and legal discourse. The way the law defines firms and corporations, while the product of a discourse which is in many ways distinct from everyday language, has such profound implications for the way firms operate in practice that no institutional theory of the firm worthy of the name can afford to ignore it.

scholarly journals Ethical Turn in Legal Analogy

2022 ◽  
Vol 21 ◽  
pp. 159-182
Author(s):  
Felicitas Opwis
Keyword(s):  
Human Existence ◽  
Ethical Content ◽  
The Law ◽  
Definition Of ◽  
The Relationship ◽  
Lasting Influence ◽  
The Way ◽  
Divine Law

Al-Ghazālī’s articulation that the purposes of the divine Law (maqāṣid al-sharīʿa) are to attain maṣlaḥa for the five necessary elements of human existence was not only novel but had long-lasting influence on the way Muslim jurists understood the procedure of analogy (qiyās). The correctness of the ratio legis was determinable by its consequences in bringing about maṣlaḥa. This shift was possible only by intellectual shifts in understanding the relationship between ethics and law. This paper traces the development in conceptions of ethics and its impact on the procedure of analogy in three 5th/11th century predecessors of al-Ghazālī, namely al-Baṣrī, al-Dabbūsī, and al-Juwaynī. It shows that al-Ghazālī’s definition of the purposes of the Law was developed based on previous conceptual shifts in the ratio legis from being a sign for the ruling to reflecting the ethical content of the divine injunction.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Critisism of The Juridical Positivism Paradigm on The Meaning of Pornography In The Judge Mindset

2018 ◽  
Vol 54 ◽  
pp. 07002
Author(s):  
Erni Wulandari ◽  
Rini Fidiyani
Keyword(s):  
Criminal Code ◽  
Institutional Structure ◽  
Legal Research ◽  
Legal Science ◽  
Social Sensitivity ◽  
Social Theories ◽  
The Law ◽  
Definition Of ◽  
Contextual Meaning ◽  
The Way

Pornographical in the way of lex spesialis was regulated in The Law No. 44/2008 and lex generalis loaded on The Criminal Code. The Judge interpreting pornography refer to textual definition of pornography according to the Law No. 44/2008 according the data founded that dominantly on juridical positivist paradigm. Juridical positivist paradigm is not the only one paradigm that used by the judge, moreover related about pornographical, need the change of appropriate paradigm concerning the judge mindset in interpreting pornography recorded to the judge considerations. The aim of this writing is to criticize the judge mindset and social sensitivity in interpreting and handling pornography. This study used qualitative and socio legal research to reveal the judicial considerations textual-contextually. With exposing the textual-contextual meaning of judge’s considerations, it can be traced to the legal paradigm used by judges and need to use appropriate legal paradigm related to the use of social theories that support it. The judge needs to have a non-doctrinal legal science perspective on the correct legal paradigm reform in giving judges consideration to pornographic cases. Judges are more likely shackled to the institutional structure and establishment of the juridical positivism paradigm.

Judges, juries and the meaning of words

Legal Studies ◽  
1985 ◽  
Vol 5 (3) ◽  
pp. 314-319
Author(s):  
Adrian Briggs
Keyword(s):  
English Language ◽  
Criminal Liability ◽  
Appellate Court ◽  
Short Sentence ◽  
House Of Lords ◽  
Definition Of ◽  
The Way

Twelve years ago, in Brutus u Cozens, the House of Lords held that the meaning of an ordinary word of the English language was not a matter of law for the judge, but a question off act for the jury. The way was opened to the argument that in the definition of criminal offences, the metes and bounds of criminal liability were themselves no longer matters of law, but matters off act for the jury. This would allow a judge, when giving his direction, to read a short sentence or two, and leave the jurors to form a largely untutored view of whether an offence had been committed. No matter that different juries would reach different conclusions on the same facts. No matter that there would be little opportunity for an appellate court to correct what it perceived to be an incorrect verdict.

The European Convention on Human Rights and International Public Order

2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Public Order ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
European Public ◽  
Essential Components ◽  
The Law ◽  
Definition Of

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.

PRESUMPTION OF INNOCENCE OF LEGAL PERSONS

2016 ◽  
Vol 4 (77) ◽  
pp. 26
Author(s):  
Edgars Golts
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Legal Person ◽  
Presumption Of Innocence ◽  
The Public ◽  
Court Of Justice ◽  
Equity Principle ◽  
Principle Of Justice ◽  
The Law ◽  
The Right

There is a link between a presumption of innocence and the right to a fair trial. The rights of a legal person, to be regarded as innocent, protection is ensured by the guarantees in law. The Court of Justice has recognized that the right to the presumption of innocence, the legal persons does not apply in the same way as natural persons. The Constitution reinforces the presumption of innocence is to be subject to the right to a fair trial arising from the principle of justice. The Constitution stipulates that the rights of the person may be limited to the benefit of the public, but not the right to the presumption of innocence. In the article the author expresses the conviction, nowadays, the development of such rights, – the environment, animal, unborn children, deceased persons and other types of law; it is obvious that, on the basis of an equity principle, human rights are extended translated and applied. Justice fully embraces the principles of equality law, which allows concluding on the physical and legal persons to equality before the law and the courts.

scholarly journals Z problematyki zakazu reformationis in peius w postępowaniu sądowoadministracyjnym

2019 ◽  
pp. 123-157
Author(s):  
Agnieszka Ciesielska
Keyword(s):  
Legal Regulation ◽  
Administrative Authority ◽  
The Public ◽  
Diffi Cult ◽  
Legal Situation ◽  
The Law ◽  
Administrative Courts ◽  
Court Proceedings ◽  
The Way

The principle of prohibition of reformatio in peius is established in Article 134 § 2 of the Law on Proceedings Before Administrative Courts. According to this provision the administrative court is not allowed to issue a decision to the detriment of the complainant. A judgment adverse to the complainant can be exceptionally issued but only if the court fi nds a violation of the law resulting in the annulment of the challenged act or action. This principle is a procedural institution which ensures that the complainant’s situation will not deteriorate due to the decision of the administrative court. There are many interpretative doubts concerning the prohibition of reformatio in peius in the doctrine and the jurisdiction of the administrative courts. This is because administrative courts very rarely issue a decision on the merits. Decisions of administrative courts are basically of cassation nature. When the administrative court allows a complaint, the contested act is generally eliminated from the system of law and the case is returned for re-examination by the public administrative authority. It is therefore very diffi cult to determine the content of the prohibition of reformatio in peius in administrative court proceedings and in practice the prohibition of a change for the worse is not a real guarantee of the protection of the interests of the complainant. In the author’s opinion, the way of approaching the mechanism of application of the prohibition of reformatio in peius by the administrative courts needs to be changed. And yet, a signifi cant improvement in the eff ectiveness of the protection against the worsening of the complainant’s legal situation will only be possible through the introduction of a new legal regulation restricting the jurisdiction of public administrative authority, which will reconsider the case after the cassation judgment issued by the administrative court.

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.

Sign in / Sign up

Export Citation Format

Share Document