CONTROVERSIES REGARDING THE CRIMINAL LIABILITY OF THE LEGAL PERSON
CONTROVERSIES REGARDING THE CRIMINAL LIABILITY OF THE LEGAL PERSON

Summary/Abstract: In the specialized literature, it is stated that the notion of legal personality is very old, having its origin even before the elaboration of the Code of Hammurabi (approx. 1750 BC). This concept is also found in Roman law, where the state was the first legal entity, holder of its own patrimony (ager publicus) and where there were sodalites and collegia, which associated people for a religious and political objective, corpora (associations of workers) and societies (precursors of today's commercial companies). In the last 40 years, several international organizations have proposed the establishment of criminal liability of the legal person. Thus, the first paragraph of the Recommendation of the Council of Europe no. (88)18 regarding the liability of enterprises for committing crimes shows that the considerable damage caused to private individuals by the increasing number of crimes committed in the exercise of the specific activities of enterprises must be taken into account. Through this Recommendation, states are suggested to retain the criminal liability of the enterprise, regardless of the identification of the natural person author of the criminal actions or omissions. It is pointed out that the undertaking of the responsibility of the enterprise must not exempt from liability the natural persons involved in the commission of the crime, as it is necessary to retain a fault of the legal person, distinct from that of the natural person called to represent it.

• Details
• Contents