Pubblicato in: Dalla Comunità internazionale

2015/2 - A. Puka, A theoretical observation on the liability of legal entities for criminal offences: an European perspective


Fonte immagine:

Current regulation of liability of legal entities for criminal offenses results from the growing influence of legal entities, in particular of corporations in all areas of economic and social life, thus enabling the potential for committing many criminal acts on their behalf and benefit. This reality has made legal entities subject of treatment of criminal law. The issue of criminal liability of legal entities is currently a concept that has been raised worldwide, including in the countries of the European continent. In this regard, most European countries have accepted the criminal liability for legal entities (Netherlands, Norway, France, Finland, Denmark, Slovenia, Switzerland, Belgium) or have foreseen measures with similar effects, as it is the case with Italy. The exception is Germany, where legal entities that are responsible for criminal acts, are faced only with administrative responsibility. In the last decade, the trend of determining criminal liability of legal entities has been seen in the Balkan countries where the provisions of the criminal codes (Macedonia, Bosnia and Herzegovina) or in special laws (Albania, Kosovo, Croatia, Montenegro and Serbia) have foreseen the terms of the liability for the legal entities for criminal offenses, procedural aspects and sanctions that can be applied to them ...