| Abstract [eng] |
Problematic Aspects of Criminal Responsibility of Legal Person. The concept of corporate criminal liability is considered a penal law novelty, which determines the necessity to reconsider the classical principles of criminal law, as well as the stated regulation in the national criminal law, which without doubt raises a lot of problematic issues. That is the reason why the first chapter of this Master's thesis reveals the historical evolution of corporate criminal liability in different legal systems, the actions of international community and the adaptation of this new principle in the Criminal Code of the Republic of Lithuania. Taking into account the realistic and fiction principal theories in civil law, this thesis deals with an issue of legal entity as a subject of the criminal offence, Lithuanian scientists’ ideas of corporate personality and other problems linked to: the constitutional principle of equality of all persons, the constitutional principle non bis in idem, issues relating to the complicity of legal persons, the possibility of bringing a legal person to criminal liability after changing one company's type to another or after reorganization and interpretation in practice of justice. In order to achieve the objective of the thesis - to analyze issues of criminal liability of legal entities, the grounds and conditions for liability of legal entities for criminal offences are presented and problems related to them are identified: the definitions under Paragraphs 2 and 3 of Article 20 of the Criminal Code of the Republic of Lithuania based on the interpretation of other legislation and provide the condition for the benefit and (or) in the interests of the legal person of judicial practice. This work is also aimed to show the controversial view at the exception listed in Paragraph 5 of Article 20 of the Criminal Code and this exception’s validity in the criminal law. The thesis also contains problematic issues of the determination of a legal entity’s guilt of a criminal offence, reveals theories of the legal entities and the application of them in the Criminal Code of the Republic of Lithuania, submits this problematic issue of determination of guilt from the viewpoint of criminal law theory and judicial practice. |
