Autor: Sebastian RĂDULEŢU
Publicat în: Revista de Științe Juridice nr. 1/2018
Disponibil online: aici.
Some controversed aspects on the criminal liability of the legal person
Abstract: The main purpose of this paper is not to analyse in depth the individual criminal liability for the offences perpetrated in corporate context, but rather to assess how the concurring criminal liabilities – individual and corporate – are reconciled in Anglo-Saxon legal systems. The difficulty of allocating blame between these potential offenders is illustrated by the very fact that prosecutors prefer to focus on the individual employee, whose liability is in general the easiest to prove. However, the difficulty with this is that the potential offenders who act in the organisational framework could try to direct the fact-finders’ attention to each other, in order to avoid their own liability as to the offence perpetrated. Or conversely, the organisation can try to scapegoat its employees. This article will try to analyse the criminal law approach to this problem of a plurality of offenders, acting in the organisational framework and having close connections between them. Therefore, it will present how the Anglo-Saxon legal systems use different specific doctrines: conspiracy, complicity and various legal theories extending corporate officers’ liability beyond the limits of complicity.
Keywords: corporate crime; conspiracy; complicity; criminal liability.
