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 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 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 Basic Characteristics of the Commercial Criminal Law of the Republic of Srpska / Osnovne karakteristike privredno kaznenog prava Republike Srpske

2014 ◽  
Vol 4 (4) ◽  
pp. 68
Author(s):  
Драган Јовашевић
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Modern World ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
The Republic ◽  
Basic Characteristics ◽  
Legal Entities

Considering the fact that in the modern world that knows no borders between countries and even continents, legal entities commit serious criminal offenses in the field of commercial, financial, computer, environmental, and similar operations. At the end of the 20th century, a lot of countries introduced a system of criminal responsibility and punishability of legal entities. Since the legal entity has no consciousness or will, i.e. is unable to take physical movements that would cause the consequence of a crime, specific rules on responsibility and application of criminal sanctions have been prescribed for this type of perpetrators. In this way, a new branch of criminal law was constituted - commercial criminal law. This paper deals precisely with the basic characteristics of commercial criminal law.

scholarly journals Criminal Liability of Legal Entities in China: Traditional Approaches and Modern Choices

2020 ◽  
Vol 14 (4) ◽  
pp. 613-622
Author(s):  
Pan Dunmei
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Risk Society ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Legal Entity ◽  
Republic Of China ◽  
Legal Entities

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.

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 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.

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

Influence of the ideas of Ivan Yakovlevich Foynitsky on the formation of criminal responsibility for kidnapping in modern Russia

2020 ◽  
Vol 2020 (12-3) ◽  
pp. 230-234
Author(s):  
Natalia Martynenko ◽  
Anatoly Maydykov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Modern Concept ◽  
Russian Scientist ◽  
Special Part ◽  
The Russian Federation

The article analyzes the ideas of the Russian scientist in the field of criminal law Ivan Yakovlevich Foinitsky (1847-1913) on the establishment of criminal liability for kidnapping. The influence of I.Y. Foinitsky's ideas on the modern concept of criminal law protection of a person from abduction is shown. It is concluded that the norm on responsibility for the abduction of a person existing in the Criminal Code of the Russian Federation, its location in the structure of the norms of the Special Part, in many respects includes the provisions laid down by I.Y Foinitsky.

ON THE FORMAL ASPECT OF REGULATION OF THE CRIMINAL LEGAL IMPACT IN RESPECT OF MILITARY PERSONNEL IN THE RF CRIMINAL CODE

2021 ◽  
pp. 5-11
Author(s):  
R. V. Zakomoldin ◽  
Keyword(s):  
Criminal Law ◽  
Military Personnel ◽  
Military Service ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Special Part ◽  
General Part ◽  
Criminal Legislation

The paper analyzes special norms and provisions of the RF Criminal Code reflecting the specifics of criminal law impact towards such a particular subject as military personnel. The author studies the nature, meaning, and varieties of special criminal law norms. The paper highlights the diversity of such norms and their presence in General and Special parts of the criminal law. In this respect, the author explains that these norms have a dual purpose: they are applied both instead of general norms and along with them, supplementing and specifying them. The author emphasizes the certainty, necessity, and reasonability of special norms and provisions in criminal law. The study pays special attention to military criminal legislation as a special criminal legal institution and a set of special rules and provisions that allows differentiating and individualizing criminal responsibility and criminal punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. The author considers special norms and provisions of the General Part of the RF Criminal Code regulating particular military types of criminal punishment and the procedure for their imposition (Articles 44, 48, 51, 54, 55), as well as the norms and provisions of the Special Part of the RF Criminal Code on crimes against military service (Articles 331–352). Besides, the study identifies close interrelation and interdependence of special norms and provisions of the criminal law with the criminal procedure and criminal executive legislation because they are the elements of a single mechanism of criminal law impact on military personnel, and only their combination ensures the effectiveness of such impact. Based on the analysis, the author formulates the conclusions and proposals to introduce amendments and additions to the RF Criminal Code concerning military criminal legislation. First of all, the author proposes highlighting the section “Criminal liability of military personnel” and the chapter “Features of criminal liability and punishment of military personnel” in the General part of the RF Criminal Code and abandoning the provision of part 3 of Art. 331 in the Special part.

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