Odmeravanje kazne pravnim licima kao učiniocima krivičnih dela - analiza normativnog okvira u Republici Srbiji
Sentencing Legal Entities As Pepretrators Of Criminal Offences: Analysis Of The Normative Framework Of The Republic Of Serbia

Summary/Abstract: The criminal liability of legal entities became an integral part of the Serbian criminal law system by adopting the 2008 Act on the Liability of Legal Entities for Criminal Offences. Under the formerly existing legislation, the criminal liability of legal entities had been based on the subjective liability of natural persons. However, this Act has not been put into effect yet, probably due to the extensive scope and depth of the envisaged reform. In that context, this paper is an attempt to elaborate on one segment of this Act - the legal framework for sentencing legal entities. In particular, the author focuses on all the stages involved in this process, the system of sanctions and the range of sentences, the purpose of sanctioning, the mitigating and aggravating circumstances, as well as the degree of the criminal liability of legal entities, the size of legal entities, the position and number of responsible persons in the legal entity who have committed a criminal offence, the measures that the legal entity has undertaken to prevent and uncover a criminal offence, and the measures undertaken against the responsible person after the commission of the criminal offence. Each of these factors has been examined with an aim to assist competent courts in interpreting and applying this Act, to identify possible drawbacks in the regulation of this issue and to propose adequate solutions to overcome these flaws.

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