Relevant bibliographies by topics / Legal entities Criminal liability Criminal law

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Legal entities Criminal liability Criminal law'

Author: Grafiati
Published: 4 June 2021
Last updated: 2 February 2022

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Journal articles on the topic "Legal entities Criminal liability Criminal law"

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Fedorov, Aleksandr V. "THE LAWS OF ESTONIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES." Russian investigator 12 (December 17, 2020): 70–77. http://dx.doi.org/10.18572/1812-3783-2020-12-70-77.

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The article is devoted to the issues of criminal liability of legal entities in the Republic of Estonia, established by the Penitentiary Code of the Republic of Estonia in 2001. It is noted that the model of criminal liability is implemented in Estonian legislation, in which a legal entity is recognized as the subject of a guilty act. At the same time, only legal entities of private law can be held criminally liable, while the law does not provide for the prosecution of public legal entities. It is indicated that a legal entity is liable in the event of committing guilty acts (crimes and misconduct) in the interests of the relevant legal entity by its body, a member of this body, a senior employee or a competent representative. The main and additional types of criminal penalties for legal entities are considered.
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Kalvodová, Věra. "Legal entities and criminal law – principles of sanctioning." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2261–68. http://dx.doi.org/10.11118/actaun201361072261.

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The article deals with the issue of sanctioning of legal entities in connection with corporate criminal liability introduced after 1 January 2012. It provides a characterization of the sanctioning system provided for under the Act No. 418/2011 Coll. on the Criminal Liability of Legal Entities and on Proceedings against Them, and deals with the crucial principles governing the imposition of punishments and the protective measure. It further discusses the modifications of the sanctions with respect to legal entities, mainly as regards the principles of legality, purposefulness, adequacy, personality and subsidiarity of criminal repression.
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Fedorov, Aleksandr V. "THE LAWS OF LATVIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES." Russian investigator 11 (November 12, 2020): 73–80. http://dx.doi.org/10.18572/1812-3783-2020-11-73-80.

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The article is devoted to the issues of criminal liability of legal entities in the Republic of Latvia, established in 2005 by amending the Criminal Law of the Republic of Latvia. Attention is drawn to the fact that in the Latvian legislation a model of criminal liability is implemented, in which a legal entity is recognized not as a subject of a crime, but as a subject of criminal liability, to which measures of a coercive nature provided for by the Criminal Law are applied. At the same time, only legal entities of private law are subject to criminal liability, while the law does not provide for bringing public legal entities to criminal liability. The reasons for the application of enforcement measures to legal entities and the types of such measures are considered. It is indicated that compulsory measures against a legal entity can be applied for a criminal act if it was committed in the interests of the relevant legal entity, in its favor or as a result of improper supervision on its part by a responsible individual who acted individually or as part of a collegial body of a legal entity. In this case, a specially authorized person means a person who acted: on the basis of the right to represent a legal entity or act on its behalf; on the basis of the right to make decisions on behalf of a legal entity; or on the basis of the right to exercise control within a legal entity. The author considers the enforcement measures applied to legal entities (liquidation; restriction of rights; confiscation of property; monetary recovery), as well as criminal procedural issues of the application of compulsory measures to legal entities.
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Tanjevic, Natasa. "Society as a crime victim of legal entities." Temida 14, no. 2 (2011): 61–76. http://dx.doi.org/10.2298/tem1102061t.

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Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.
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Markuntsov, Sergey A., and Martin Paul Waßmer. "Die Einführung der strafrechtlichen Verantwortlichkeit juristischer Personen in Russland." osteuropa recht 65, no. 1 (2019): 93–105. http://dx.doi.org/10.5771/0030-6444-2019-1-93.

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This article examines considerations in the context of the introduction of criminal liability for legal entities - which is currently being discussed in Russia. It provides an historical overview of the discussions in this respect, and further sheds light on the contemporary practice of liability for legal entities in the Russian Federation, outlining the pros and cons of the institution of criminal liability for legal entities. Despite the fact that respective legislative draft laws were intiated in Russia, the country still remains one of the few countries in Europe where criminal liability for legal entities is currently not stipulated by law.
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Dinh, Thi Mai, Ngoc Thang Dinh, Thi Phuong Quynh Bui, and Anh Duc Nguyen. "Corporate criminal liability on environmental crimes in Vietnam." E3S Web of Conferences 203 (2020): 03014. http://dx.doi.org/10.1051/e3sconf/202020303014.

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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.
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Власов, Илья, and Ilya Vlasov. "On Introduction in Russia of the Institute of Criminal Liability for Legal Persons (Corporations)." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14373.

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The number of European countries which have included into their national legislation the provision on criminal liability for legal persons (corporations) has been continuously growing. The following countries remain essential supporters of preserving criminal liability for individual guilt: Germany, Russia, Italy, and, may be, Poland, where after the adoption of the Law on Liability of Collective Entities for punishable offences, the Constitutional Tribunal in 1994 adopted the decision to consider this liability to be not criminal, but sui generis. Some Russian legal theorists were quick to support the tendency to recognize the practicability of introducing criminal liability for legal persons in spite of centuries-old traditions of liability for a personal guilt that is characteristic of the criminal law of the European continental countries. This can be explained by an excessive influence of the Anglo-Saxon common law countries, whose representatives went all out during the preparation of many international conventions to include into them the provisions that require establishing criminal liability for legal persons in national legislations of the European countries. But none of such conventions mentions the basis for criminal liability of legal persons. They fail to mention this fact, otherwise they would have to state that such liability suggests only strict liability. The author of the article tries to prove the irrelevancy of the above-mentioned type of liability in Russia with its rather effective administrative law and fairly solid provisions of the civil legislation which help to efficiently fight the damage incurred by legal persons (corporations) to different entities protected by the law. Introduction of the provisions on criminal liability for legal persons into the Russian criminal legislation touches upon the foundation on which all types of legal liability in this country are based on, as well as domestic centuries-old traditions, for it is not possible, without changing anything in the principal structure of the criminal responsibility, to simply include, without solid justification of the adopted changes, a new provision into the Criminal Code of the Russian Federation, in which only a range of criminal acts for which legal persons may be liable would be outlined, without indicating grounds for their criminal liability, in contrast with the grounds for the liability of physical persons.
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Schedrin, Nikolay V., and Alexey A. Vostokov. "Corporate Criminal Liability or Other Criminal Law Measures in Respect of Legal Entities?" Journal of Siberian Federal University. Humanities & Social Sciences 8, no. 10 (October 2015): 2100–2106. http://dx.doi.org/10.17516/1997-1370-2015-8-10-2100-2106.

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Pan Dunmei. "Criminal Liability of Legal Entities in China: Traditional Approaches and Modern Choices." Russian Journal of Criminology 14, no. 4 (August 31, 2020): 613–22. http://dx.doi.org/10.17150/2500-4255.2020.14(4).613-622.

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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.
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Квашис, Виталий, Vitaliy Kvashis, Юлия Случевская, and Yuliya Sluchevskaya. "Institute of Criminal Liability of the Legal Entities as a New Stage of Development of the Criminal Law." Journal of Russian Law 4, no. 12 (December 5, 2016): 0. http://dx.doi.org/10.12737/22723.

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The prerequisites for the formation of the Institute of criminal liability of legal entities are under consideration of present article. The author has assessed the current conditions which can affect this institute and has examined the role of this institution in common and civil systems of law. Preconditions of formation of this Institute of the criminal liability of legal entities can be as external, which consists of combining factors of formation of qualitatively new social relations, as internal, due to existing provisions of the Russian legislation. The first group of prerequisites is related to the development of social consciousness, complication of technological processes and economic relations, the processes of globalization. The second group includes the obligations caused by the state participation in international agreements, the norms of existing national legislation, defining characteristics of a legal entity, and existing elements of criminal-legal influence concerning legal entities in the criminal law. The author has noted that the existing provisions of the Russian legislation are not an obstacle to the introduction of this institute and concluded that further development of the Institute of criminal liability of legal entities in the domestic legislation related to the scientific rationale of its relationships to existing elements of the national legal system. In this context the presence of a social conditions is essential, such conditions can help to effective functioning of the mechanisms of self-regulation and control of legal entities.
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Dissertations / Theses on the topic "Legal entities Criminal liability Criminal law"

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De, Smet Karel, and Elke Janssens. "Criminal liability of legal entities under Belgian law: A high-level overview." Universität Leipzig, 2019. https://ul.qucosa.de/id/qucosa%3A36367.

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The principle that legal entities can be held criminally liable was first introduced into Belgian law in 1999. Some 20 years later, Belgian Parliament reviewed the rules, and adopted a number of significant changes. The present article offers a high-level overview of the currently applicable legal regime.
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Stachová, Monika. "Trestní odpovědnost právnických osob - od návrhu k účinné úpravě." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-125105.

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The Act on criminal liability of legal entities and proceedings against them became effective on 1 January 2012. Although it is a highly controversial law disrupting the established criminal law principles, the Czech Republic was one of the few European Union member states whose laws did not embed criminal liability of legal entities in its laws. An effort concerning solving this problem appeared as far back as 2004, the Chamber of Deputies, however, rejected the original bill. Perhaps due to the international pressure or due to the increase in crimes committed by legal entities, in 2011, the second bill was already approved. This thesis deals with the arguments and process of discourse, from which emerged the valid enactment, as well as an explanation of some of the principal provisions of the Act and also the international scheme of criminal liability of legal entities. It is difficult to anticipate the specific impact of the Act due to its short effect and therefore the thesis on criminal liability of legal entities is more of a theoretical than practical.
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Clavijo, Jave Camilo. "Criminal compliance in the peruvian criminal law." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/115578.

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First, this work proposes a study of the origin, elements and application of the Compliance Program or, also named, Regulatory Compliance Program. The aforementioned program is understood as an internal device that corporations use not only to comply with the current legislation but also to prevent and detect legal violations they could be found in or as part of the activities they carry out.Second, it tries to explain and develop the connection between, on one hand, the new risks in the financial and technological development and, on the other hand, Criminal Law as a protective body of important legal assets for society. The aim is to analyze Criminal Compliance to get the corporationto manage its activities under current legislation, especially Criminal Law.In this regard, it enlarges the sectoral developments based on the Peruvian Government’s implementation of the the Compliance Program in the legal framework.Finally, it analyzes the impact of Criminal Compliance in the criminal legal framework. For that end, it refers to the criminal liability system in Peru and in what way it impacts on the application of Criminal Compliance.
El trabajo propone, en primer lugar, un estudio del origen, los elementos y la aplicación del Compliance Program o, también llamado, Programa de Cumplimiento Normativo, entendido como un dispositivo interno que las empresas implementan para cumplir con la normatividad vigente, así como para prevenir y detectar las infracciones legales que se produzcan dentro de las mismas o como parte de las actividades que estas realizan. Asimismo, se intenta explicar y desarrollar la relación entre los nuevos riesgos, debido al desarrollo económico y tecnológico, y el derecho penal como ente protector de bienes jurídicos de importancia para la sociedad. Esto último tiene como finalidad analizar el Criminal Compliance, destinado a que la empresa ordene su actividad conforme a la normativa aplicable, en especial la ley penal. En tal sentido, se desarrolla la aplicación que el Estado peruano ha realizado del referido Programa de Cumplimiento Normativo en el ordenamiento jurídico, en concreto los avances sectoriales. Finalmente, se analiza el impacto del Criminal Compliance en el ordenamiento jurídico penal. Para ello, se hace una referencia al sistema de responsabilidad penal adoptado en el Perú y de qué manera esto impacta en la aplicación del Criminal Compliance.
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Xu, Yuan Chang. "The validity of bite mark evidence for legal purposes." University of Western Cape, 2021. http://hdl.handle.net/11394/8193.

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Magister Scientiae Dentium - MSc(Dent)
Bite mark evidence has been admitted into US courts since the 1870s. It quickly gained popularity after the conviction of W.E. Marx in 1974 for manslaughter using primarily bite mark evidence. However, since the development of DNA typing and testing in forensic science, the emergence of wrongful convictions has placed the validity of bite mark evidence admissibility into severe dispute. This mini-thesis is a condensation of the past ten years’ worth of literature on the latest researches regarding bite mark evidence. The theory of the uniqueness of the human dentition is analysed. The accurate reproducibility of bite mark on skin with regard to distortion is discussed. Some bite mark court cases, including wrongful convictions are explored. Inconsistent expert opinions and the lack of standards amongst practitioners are also examined. The aim of this study is to summarize the validity of bite mark evidence in the courts of law.
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Fernández, Díaz Carmen Rocío, and Documet Rafael Hernando Chanjan. "Criminal liability of legal persons: a comparative study between Spain and Peru." Pontificia Universidad Católica del Perú, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/115494.

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This paper studies the criminal liability of legal persons, which has suffered a deep reform with the organic law 1/2015, after being introduced in Spain in 2010. This reform has brought important modifications and news, as the creation of an exemption of liability through the adoption of compliance programs, which supposes a change in the so called model of transfer of liability, that existed before. Parallel to this transformation in the Spanish criminal code, in Peru recently the law 30424 has come into forth, which contents a corporate liability model, very similar to the one foreseen in Spain. Both models of liability and the possibility of its exemption raise doubts about if they really tried to penalize legal persons or not.
El presente trabajo estudia la responsabilidad penal de las personas jurídicas en España, la cual, después de haberse introducido en el año 2010, ha sufrido una reforma de hondo calado con la ley orgánica 1/2015. Esta ha conllevado importantes modificaciones y novedades, como la creación de una eximente de responsabilidad mediante la adopción de programas de cumplimiento, que ha supuesto un cambio en el antes existente modelo de transferencia de responsabilidad. Paralelamente a esta transformación que ha tenido lugar en el Código Penal español, en el Perú recientemente se ha aprobado la ley 30424, que crea un modelo de responsabilidad para las personas jurídicas muy similar al previsto en España. Ambos modelos de responsabilidad y la posibilidad de su exención plantean la duda de si realmente se pretende responsabilizar penalmente a las personas jurídicas o no.
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Sarcedo, Leandro. "Compliance e responsabilidade penal da pessoa jurídica: construção de um novo modelo de imputação, baseado na culpabilidade corporativa." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2136/tde-07122015-163555/.

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A crise global do capitalismo eclodida no ano de 2008 evidenciou o risco sistêmico a que a atividade econômica ficou exposta a partir da sua desregulamentação, implementada, a partir dos anos 1980, pelo chamado neoliberalismo, e do desenvolvimento dos meios de comunicação e informáticos, que a interligou em nível planetário. Seus efeitos devastadores somente puderam ser contidos por meio de intervenção estatal, com a injeção de muito dinheiro público na atividade econômica privada, o que trouxe à tona a discussão quanto ao real papel regulatório do Estado sobre a economia nesse contexto. No panorama atual do desenvolvimento da sociedade capitalista e contemporânea, há, muitas vezes, verdadeiro divórcio entre os interesses do real proprietário da empresa (ausente ou passivo) e o corpo de gestores contratados da companhia, impondo a necessidade de maior confiabilidade e transparência na apuração e nos demonstrativos dos resultados empresariais. Surge daí o conceito de boas práticas de governança corporativa, do qual um dos pilares de sustentação é o denominado compliance, que funciona como uma estrutura verificadora e validadora do bom funcionamento, da correção e da confiabilidade da administração, prevenindo riscos imanentes à atividade empresarial. Surge, nesse cenário, uma concepção de autorregulação regulada ou forçada da atividade econômica, pela qual o Estado supera uma postura meramente repressora de desvios encontrados, que relegava ao particular sua própria organização, passando a impor uma pauta mínima de obrigações organizacionais, que necessita ser cumprida e implementada para prevenir riscos de condutas antiéticas ou mesmo criminosas. O papel do direito penal, sempre mais modesto do que dele se espera, acaba ganhando muita importância por atuar como norma de reforço à tutela de deveres organizacionais e de autofiscalização da atividade econômica. Os meios eleitos para atingir esses objetivos são a utilização de tipos penais de perigo abstrato, omissivos ou comissivos por omissão; a incriminação da corrupção privada; a promulgação de leis extraterritoriais que preveem a colaboração entre Estados no combate à criminalidade; a adoção de sistemas legais autodenominados administrativos, mas que são penais em sua essência; a crescente aceitação e utilização da responsabilidade penal da pessoa jurídica. Partindo de constatações criminológicas e proposições político-criminais, a presente tese visa a propor a criação de um sistema de imputação penal das pessoas jurídicas baseado na ideia de fato próprio culpável, com a culpabilidade atrelada ao conceito de defeito de organização, visando a superar o déficit na aplicação do modelo adotado pela Lei nº 9.605/1998, na qual não há o estabelecimento de quaisquer critérios para delimitar o âmbito das ações corporativas culpáveis. Para tanto, buscaram-se, em modelos jurídicos alienígenas (italiano, chileno e espanhol), experiências e exemplos que pudessem auxiliar na proposição de critérios reitores de um novo modelo adaptado à realidade brasileira, pelos quais se almeja a maximização das possibilidades de aplicação do instituto, de um lado, e a maior amplitude possível das garantias penais, de outro.
The global crisis of capitalism, which emerged in 2008, displayed the systemic risk that economic activity was exposed to. This risk occurs due to the deregulation implemented from 1980 by the so-called neoliberalism as well as due to the development of both the media and IT which have globally interconnected economic activity. The devastating effects of neoliberalism could only be restrained through state intervention, with the injection of great amounts of public money into private economic activity. In this context, this practice brought up the discussion on the actual regulatory role of the state in economy. In the current scenario of the development of contemporary capitalist society, there is often an actual separation between the interests of the real owner of the company (who is absent or passive) and the board of hired managers of the company. This fact generates the need for increased reliability and transparency in the calculation and statements of business results. The concept of good corporate governance practices is thus generated, which has compliance as one of its supporting pillars. Compliance works as a testing and validating structure of managerial functioning, correctness and reliability, thus, preventing risks that are inherent to business activity. In this scenario, the concept of regulated or forced self-regulation of economic activity was created. By this concept, the state goes beyond the previous position of merely repressing identified deviations, which meant that the organization could regulate itself. Now the state imposes an agenda of organizational duties, which need to be fulfilled and implemented to prevent risks of unethical or even criminal behavior. The role of criminal law, which has had a more modest scope than expected, ends up gaining importance because it acts as reinforcement rule for the protection of organizational duties and self-inspection of economic activity. The means chosen to achieve these goals are the use of criminal types of abstract danger, which may be either omissive or comissive by omission; incrimination of private corruption; enactment of extraterritorial laws that provide for collaboration among States in combating crime; adoption of legal systems in the administrative scope that are criminal in their essence; the increased acceptance and use of the criminal liability of legal entities. Starting from criminological findings and political-criminal propositions, this thesis aims at proposing the creation of a criminal imputation system of legal entities, based on the idea of a fact itself that can be considered as liable. The guilt is attached to the concept of organization defect in order to overcome the deficit in the implementation of the model adopted by Law No. 9.605/1998, which has not established any criteria to specify the scope of corporate actions that may be considered as liable to penalty for law offence. Therefore, we researched experiences and examples in foreign legal models (Italian, Chilean and Spanish legal models) that could help to propose criteria that lead to a new model adapted to the Brazilian reality, in which we aim, on the one hand, to maximize the possibilities of this new legal model, and, on the other hand, reach penal guarantees as widely as possible.
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Ramages, Kelly-Anne. "Investigating the minimum age of criminal responsibility in African legal systems." Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4999_1259563406.

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The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be..."

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Petry, Diogo. "A sociedade de risco mundial e a responsabilidade penal das pessoas jurídicas : o papel das empresas e suas marcas como elementos indutores à conscientização ambiental." reponame:Repositório Institucional da UCS, 2010. https://repositorio.ucs.br/handle/11338/492.

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A sociedade de risco mundial caracteriza-se por sua dimensão negativa de igualdade, uma vez que os cidadãos não são mais iguais em razão dos direitos ou benefícios que compartilham, mas, sim, pelos riscos comuns que a se encontram expostos. O desenvolvimento tecnológico, bem como o conhecimento científico, remeteu o homem a um contexto de modernidade, prometendo cumprir na integralidade com inúmeros e incontáveis benefícios ao bem viver. Porém, junto aos ganhos qualitativos de vida, o que se viu foram acidentes nucleares, guerras atômicas, danos ambientais e outros efeitos decorrentes da radicalização do modelo produtivo empregado. Esses fatos imergiram a sociedade num mar de dúvidas e incertezas, resultando em uma redemocratização forçada, que colocou todos os indivíduos do globo terrestre em uma mesma condição: vítimas de uma possível aniquilação. Nesse viés, a ambivalência decorrente dos riscos permeia os mais diversos segmentos da realidade social, sendo que nenhum saber apresenta mais o mesmo significado que detinha há pouco tempo atrás. Os próprios conceitos, paradigmas e instituições da contemporaneidade precisam, agora, ser repensados. A magnitude dos riscos obriga, assim, a uma nova forma de engajamento político e social em âmbito mundial: participação ativa e cidadã dos indivíduos, adoção de políticas globais calcadas em bases educacionais preventivas aos danos ambientais, inserção de empresas como agentes morais, melhoria na produção, alternativas ao consumo, debate crítico às descobertas da ciência, inclusão e valorização do outro, entre outras. Esta dura realidade que nos atemoriza é, ao mesmo tempo, o combustível que nos motiva em busca de melhores soluções e alternativas para a reconstrução dos modelos até então empregados de produção, consumo e convivência. A crise ambiental pode se tornar uma oportunidade. Nesse sentido, o saber científico e o conhecimento tecnológico, por mais contraditórios que possam parecer, detêm caráter central para a continuidade da vida humana no planeta, pois servem como meios para o reconhecimento dos novos riscos, criticando e aprimorando tanto em campo ambiental quanto em campo empresarial o desenvolver das novas políticas de produção. No mesmo contexto, as pessoas jurídicas sejam pequenas empresas ou grandes corporações abandonam o antigo estigma de culpadas pela degradação das condições da vida no planeta e passam a ocupar a posição de protagonistas nas questões socioambientais. Trata-se da adoção de uma política de duplo ganho (win X win). As empresas ganham em imagem corporativa positiva, expandem sua clientela, abordam novos nichos de mercado, melhoram e reduzem custos de produção e, ainda, incrementam seu lucro. Por sua vez, a sociedade ganha com a melhoria da produção, uso racional dos recursos naturais, alternativas às formas de consumo, bem como uma importante aliada aos projetos humanitários, sociais e ambientais. Agir ético, participação ativa e cidadã dos indivíduos, inclusão do outro e conduta fraterna são apenas alguns dos fatores que comprovam que a vida humana em sociedade pode ainda ter futuro.
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The world risk society is characterized for its negative dimension of equality, since citizens are not equal anymore for their rights or benefits that they share, but in detriment, for the common risks which they are exposed. The technological development as well as the scientific knowledge addressed the man to a modernity context promising to integrally accomplish the many and uncountable benefits to the well living. However, and with the qualitative life winnings, what we have seen are nuclear accidents, atomic wars, environmental damages and other effects caused by the radicalization of the inserted pattern. This fact filled the society with doubts and uncertainness, resulting on a forced redemocratization, which put all the terrestrial globe individuals in the same condition: victims of a possible annihilation. In this idea, the ambivalence that comes from the risks infiltrates the various segments of the social reality, not any knowledge has the same meaning as it had a few years ago. Concepts, paradigms and contemporaneity institutions need to be now rethought. Thus, the magnitude of the risks requires a new way of social and political engagement in a worldwide ambit: active participation of the individuals as citizens, adoption of global policies modeled in educational bases preventing environmental damages, insertion of companies as moral agents, production improvement, alternatives instead of consumption, critical debate about the science discoveries, inclusion and valorization of the other individuals, among others. This hard reality that terrorizes us is, at the same time, the fuel that gives us motivation in search of better solutions and alternatives for the reconstruction of the production, consume and living patters applied so far. The environmental crises may become an opportunity. In this idea, the scientific knowhow and the technological knowledge, although sometimes seem to be contradictory, detain central character for the human life continuity in the planet because they are used as means for the recognition of the new risks, criticizing and improving either in the environmental field or in the entrepreneurial field , in the development of new production policies. In the same context small companies or big corporations abandon the old label as responsible for the planet life condition degradation and thus, taking the position of protagonist in the socio-environmental issues. It´s about the adoption of a double winning policy (win x win). Companies win positive corporative image, expand customers, approach new market niche, improve and reduce production costs and also increase profits. The society, wins with the production improvement, rational natural resources use, alternative instead of consumption ways as well as wins an important support to humanitarian social and environmental projects. Ethical action, active individual´s participation as citizens, inclusion of the others and fraternal conduct, are just some of the factors that prove human life in society may still be have a future.
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Švepeš, Petr. "Trestněprávní odpovědnost právnických osob." Master's thesis, Vysoká škola ekonomická v Praze, 2010. http://www.nusl.cz/ntk/nusl-77883.

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The thesis deals with the legal institution of the criminal responsibility of legal entities and a feasibility of its implementation in the Czech law. The main objective of the thesis is to find an answer to the question if the implementation of the institution is neccessary in the Czech republic and eventually in which form and parameters. The first part of the paper describes the current state of legal regulation in the Czech republic and contains a comparative analysis of legal regulation in France, Austria, Germany, Slovenia, Slovakia, Great Britain and United States. In the end of the theoretical part the paper discusses relevant liabilities of the Czech republic arising from international treaties and european law. In the second part the paper focuses on scolarly debate on the possible implementation, its advantages and disadvantages. The core of the paper lies in the critical reflection of existing drafts of the law on criminal responsibility of legal entities and author's own speculation about a possible legal regulation in the Czech republic
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Ribikauskas, Audronius. "Teisinė atsakomybė etatistinės ir demokratinės teisės sampratų požiūriu." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070121_190404-81974.

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In the paper Legal Liability from the Point of View of Normativist and Democratic Law Concepts concept of liability is briefly described. Social liability and its kinds are analysed. Legal liability is distinguished like a separate kind from the social liability, featuring a unique obligatory legal definition sign. Its application is assured by the state. Kinds of legal liability analysed: positive and tortious (negative) legal liability. Basis for occurrence of legal liability are described. Dependence of the legal liability upon the legal system of a state is described in the paper. In the non-democratic states, where the laws become a tool for the rulers to give law to the masses, other kinds of social liability, e.g. moral liability, contradict with the legal liability. All kinds of the social liability, except the legal liability, feature no forced measures applicable upon the violator. It is stressed that the non-democratic legal systems fail to accept the positive legal liability. Unsuccessful efforts of the Soviet law theoreticians to introduce the concept of positive legal liability into the law science are mentioned. Tortious legal liability is a sequel and guarantee of the positive liability. Therefore it is the secondary and the positive liability is the primary (main) form of the legal liability. It becomes especially vivid in the democratic society, when its right ceases being repressive and implementation of the positive law is first of all assured by the... [to full text]
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Books on the topic "Legal entities Criminal liability Criminal law"

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Burkoff, John M. Criminal defense ethics: Law and liability. New York, N.Y: C. Boardman, 1991.

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Criminal defense ethics: Law and liability. New York, N.Y: Boardman, 1986.

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Burkoff, John M. Criminal defense ethics: Law and liability. [St. Paul, MN]: West Group, 1991.

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Victims' rights and victims' wrongs: Comparative liability in criminal law. Stanford, Calif: Stanford University Press, 2009.

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Blázquez, Manuel García. Análisis médico-legal de la imputabilidad en el Código Penal de 1995: Un análisis médico-legal del art. 20.1 y 20.2. Granada: Editorial Comares, 1997.

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Vermeulen, G. Liability of legal persons for offences in the EU. Antwerpen: Maklu, 2012.

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Boas, Gideon. Forms of responsibility in international criminal law. Cambridge: Cambridge University Press, 2007.

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Boas, Gideon. Forms of responsibility in international criminal law. Cambridge, UK: Cambridge University Press, 2007.

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Täterhandeln bei ungewisser Rechtfertigungslage. [Stuttgart]: Polyfoto Stuttgart, 1996.

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Welham, Michael G. Corporate manslaughter and corporate homicide: A manager's guide to legal compliance. 2nd ed. Haywards Heath, West Sussex: Tottel Pub., 2008.

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Book chapters on the topic "Legal entities Criminal liability Criminal law"

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Valenzano, Anna Salvina. "‘Triggering Persons’ in ‘Ex Crimine’ Liability of Legal Entities." In Regulating Corporate Criminal Liability, 95–107. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-05993-8_9.

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Lehner, Andrea. "The Austrian Model of Attributing Criminal Responsibility to Legal Entities." In Regulating Corporate Criminal Liability, 79–86. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-05993-8_7.

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Kopsidi, Eugenia, and Ioannis A. Vlachos. "Ministerial criminal liability in the Greek legal order." In Accountability and the Law, 156–73. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003168331-12.

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Gotovuša, Ena. "Criminal Liability of Legal Persons in Bosnia and Herzegovina and Croatia." In Regional Law Review, 169–81. Belgrade ; Hungary ; Osijek: Institute of Comparative Law ; University of Pécs Faculty of Law ; Josip Juraj Strossmayer University of Osijek, Faculty of Law, 2020. http://dx.doi.org/10.18485/iup_rlr.2020.ch13.

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Bandeira, Gonçalo S. de Melo. "Criminal Liability of Organizations, Corporations, Legal Persons, and Similar Entities on Law of Portuguese Cybercrime." In Organizational, Legal, and Technological Dimensions of Information System Administration, 96–107. IGI Global, 2014. http://dx.doi.org/10.4018/978-1-4666-4526-4.ch006.

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In Portugal, and in much of the legal systems of Europe, “legal persons” are likely to be criminally responsibilities for cybercrimes, for example, “false information,” “damage on other programs or computer data,” “computer-software sabotage,” “illegitimate access,” “unlawful interception,” and “illegitimate reproduction of protected program.” However, there are exceptions to the “question of criminal liability” of “legal persons.” Some “legal persons” cannot be blamed for cybercrime. The legislature did not leave! These “legal persons” are the following (“public entities”): legal persons under public law, which include the public business entities; entities utilities, regardless of ownership; or other legal persons exercising public powers. In other words, and again as an example, a Portuguese public university or a private concessionaire of a public service in Portugal cannot commit any one of the highlighted cybercrimes. Fair? Unfair. All laws should provide that all legal persons (rectius organizations) can commit cybercrimes.
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Boutros, Andrew. "Russia." In From Baksheesh to Bribery, 343–77. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190232399.003.0013.

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Russian anti-corruption legislation generally consists of federal laws, including codified acts. Recent developments in Russian anti-corruption legislation have mainly been aimed at stiffening the penalties for corruption-related offenses and making legal entities carry out their anti-corruption duties more effectively. In the last few years enforcement trends show that Russian law enforcement authorities are increasingly focusing on investigating corruption-related offenses committed by public officials rather than in the commercial sector. Russian law envisages both criminal and administrative liability for corruption-related offenses (save for corporate entities, which cannot be held criminally liable), including a wide variety of penalties that depend on, among other things, the amount of the bribe given and whether there are any aggravating circumstances. There is practically no difference in the way that bribery of domestic and foreign officials is treated under Russian anti-corruption legislation. Broad investigative powers are vested in investigators rather than prosecutors—the latter mainly having the role of monitoring law enforcement authorities’ compliance with the law and representing the state in criminal proceedings in court. No obligation to cooperate with investigators and prosecutors is specifically imposed in the Russian law of criminal procedure, but there are special rules governing participation by persons (including witnesses and injured parties) in criminal proceedings.
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Brown, Cameron S. D. "Cyber-Attacks, Retaliation and Risk." In Advances in Digital Crime, Forensics, and Cyber Terrorism, 166–203. IGI Global, 2015. http://dx.doi.org/10.4018/978-1-4666-8456-0.ch008.

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This chapter examines legal and technical issues that arise when considering strategic retaliatory countermeasures to cyber-attacks. Implications connected with endorsing techniques of active defense for nation-states are viewed alongside challenges faced by private entities. Proactive avenues for tackling cyber-security threats are evaluated and shortcomings within the international system of governance are analyzed. Retributive justice as a legal and philosophical concept is viewed through the lens of customary international law pertaining to use of force and self-defense. Difficulties in adapting rules governing kinetic warfare to instances of cyber-conflict are elucidated. The danger of executing counterstrikes for private entities is explained with reference to cross-border dilemmas, conflict of laws, and risks stemming from civil, criminal, and also administrative liability. Protocols for safeguarding anonymity are observed and the problem of attribution is illustrated. Costs and benefits associated with adopting methods of active defense are presented and solutions to avoid accountability failure are recommended.
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Brown, Cameron S. D. "Cyber-Attacks, Retaliation and Risk." In National Security, 331–67. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-7912-0.ch016.

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This chapter examines legal and technical issues that arise when considering strategic retaliatory countermeasures to cyber-attacks. Implications connected with endorsing techniques of active defense for nation-states are viewed alongside challenges faced by private entities. Proactive avenues for tackling cyber-security threats are evaluated and shortcomings within the international system of governance are analyzed. Retributive justice as a legal and philosophical concept is viewed through the lens of customary international law pertaining to use of force and self-defense. Difficulties in adapting rules governing kinetic warfare to instances of cyber-conflict are elucidated. The danger of executing counterstrikes for private entities is explained with reference to cross-border dilemmas, conflict of laws, and risks stemming from civil, criminal, and also administrative liability. Protocols for safeguarding anonymity are observed and the problem of attribution is illustrated. Costs and benefits associated with adopting methods of active defense are presented and solutions to avoid accountability failure are recommended.
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Boutros, Andrew. "Germany." In From Baksheesh to Bribery, 201–29. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190232399.003.0008.

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Germany is currently ranked among the top 12 in the Transparency International Corruption Perception Index. The country achieved this ranking through substantial efforts in the last decades in legislation, in society, and in the business sector. Today, the corporate compliance management systems of many major German corporations serve as a benchmark in the corporate world. But there is still a lot of work to do. Germany does not yet have a corporate criminal code that holds legal entities criminally liable for corruption-related offenses. German authorities still do not have a uniform and standardized procedure for acknowledging adequate compliance management systems as an affirmative defense or mitigating factor to decrease administrative fines. Although repeatedly requested by the OECD, Germany also still lacks an express and explicit law that grants specific protection to whistle-blowers from retaliation in the private sector, though many German corporations have already set up highly sophisticated whistle-blower systems. This chapter provides an overview on the most important statutory provisions and draft bills with regard to anti-corruption in Germany. Further, the chapter discusses how companies in Germany can take appropriate measures in order to navigate safely through the challenges of corruption-related liability in today’s competitive business environment.
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Monaghan, Nicola. "16. Accessorial liability." In Criminal Law Directions, 440–63. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848783.003.0016.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the law relating to accessorial liability or parties to crime. It discusses liability for aiding, abetting, counselling, or procuring the commission of an offence under the Accessories and Abettors Act 1861, the scope of accessorial liability after the decision in R v Jogee [2016] UKSC 8, the effect of withdrawing participation, liability for participation after the offence, protection of the victim, and recommended reforms to the law.
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Conference papers on the topic "Legal entities Criminal liability Criminal law"

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Бардин, Лев, and Lev Bardin. "On the issue of the right to provide legal assistance." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6faa331e66.29746358.

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The law establishes that representatives in the courts can be both lawyers and other persons providing legal assistance, as well as legal representatives. The Constitutional Court in its Resolution No. 15-P of 16.07.2004 indicated that representatives of legal entities in arbitration proceedings can be any person. But in accordance with Item II (A) (a) of the List of Specific Obligations of the Russian Federation for Services Included in Annex I to the Protocol of 16 December 2011 "On the Accession of the Russian Federation to the Marrakesh Agreement on the establishing of the WTO", only those who received the status Lawyer in accordance with Russian law, has the right to represent in criminal courts and Russian arbitration courts, as well as act as a representative of organizations in civil and administrative proceedings and proceedings on cases of administrative violations. Appropriate legislative changes are needed. The law states that the use of the terms "advocacy", "lawyer", "lawyer's chamber", "lawyer’s entity" in the names of organizations is allowed only by lawyers. Every year, Russia's tax inspections register dozens of organizations set up by non-layers, illegally including the above terms in their names. The law should provide not only prohibitions, but also sanctions for violation of these prohibitions. Collegiums of advocates often include the phrase "partners" in their names. But lawyers - members of the board are not partners and do not sign partnership agreements. Partners can not be among the governing bodies of the collegium . The application by collegiums of lawyers of the rules provided for non-commercial partnerships by the Federal Law "On Non-Profit Organizations" in the part of partners is illegal. Only lawyers can establish a lawyer’s bureau and conclude a partnership agreement. But in practice in lawyer’s bureau, persons who do not have the status of a lawyer become partners. In other countries, in associating lawyers limited liability partnerships, along with partners, there are "associates". The introduction of such "associates" in our lawyer’s bureau will be a good alternative to attempts to include commercial organizations in the composition of lawyer entities.
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Nam, Bui Sy. "Criminal Liability of Commercial Legal Entity in Vietnamese Law." In XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.010.

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Toktomatov, Altynbek. "Criminal measures impact against legal entities." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-256-263.

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The article examines the institution of compulsory measures of criminal law against legal entities introduced in the Kyrgyz Republic. Some arguments of supporters and opponents of the introduction of this institution in Russia are presented. The procedure for bringing legal entities to administrative responsibility is subjected to comparative legal analysis.
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Golovanova, Natal'ya. "Tendencies of the development of criminal liability of legal entities abroad." In VIII Annual scientific readings in memoriam of Professor S.N. Bratus. Infra-M Academic Publishing House, 2013. http://dx.doi.org/10.12737/1046.

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Mustikasari, Erni, Hartiwiningsih, and Y. Taruono Muryanto. "Implementing “Legal Reality Model” Into Indonesia Corporate Criminal Liability." In Proceedings of the 3rd International Conference on Globalization of Law and Local Wisdom (ICGLOW 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icglow-19.2019.32.

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Lykhova, Sofiia, Dariia Hurina, and Viktoriia Sysoieva. "Liability for Aviation Crimes: Criminal Law and Criminological Aspects." In International Conference on Business, Accounting, Management, Banking, Economic Security and Legal Regulation Research (BAMBEL 2021). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/aebmr.k.210826.033.

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Мусаев, Сайд-Магомед Исламович. "MINIMUM AGE OF CRIMINAL LIABILITY: FLEXIBLE AGE METHOD." In Наука. Исследования. Практика: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Декабрь 2020). Crossref, 2021. http://dx.doi.org/10.37539/srp294.2020.29.59.007.

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В статье рассматриваются вопросы привлечения малолетних лиц к уголовной ответственности посредством применения метода гибкого возрастного периода, который применяется в ряде стран, как правило, относящихся к правовой семье обычного права. The article discusses the issues of bringing minors to criminal responsibility through the application of the flexible age period method, which is used in a number of countries, as a rule, related to the legal family of customary law.
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Burnley, P. "The position of directors and managers in a criminal investigation." In IET Seminar on Railway Law for Engineers: How Legislation, Liability and Legal Issues Affect You. IEE, 2006. http://dx.doi.org/10.1049/ic:20060638.

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Miller, J. "General introduction to English Law, principles of civil and criminal liability, the litigation process." In IET Seminar on Railway Law for Engineers: How Legislation, Liability and Legal Issues Affect You. IEE, 2006. http://dx.doi.org/10.1049/ic:20060635.

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Miller, J. "General introduction to English Law, principles of civil and criminal liability, the litigation process." In IET Seminar on Railway Law for Engineers: How Legislation, Liability and Legal Issues Affect You. IEE, 2008. http://dx.doi.org/10.1049/ic:20080597.

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