Câteva probleme pe care le implicã rãspunderea penalã a persoanei juridice pentru infractiunile de coruptie în dreptul francez si american
Some problems of the criminal responsability of a legal person in corruption offences, in french and american law

Summary/Abstract: The criminal accountability of a legal entity for offences of active corruption is commanded by the provision of art. 433-25 French Criminal Code if the stipulations made by art. 121-2 Criminal Code are additively ful filled. These stipulation refer to the condition that the individual that is the active subject of the offence must represent a body of the legal entity or to make up itself into a representative of the legal entity and that the offence is committed in the best interest of the legal entity. We can conclude that there are actually two different offences committed one by the individual and the other by the legal entity and that the criminal accountability of the legal entity cannot conceal that of the individual. Similarly, if an offence is committed by the individual for its personal interest the legal entity will not be able to be held criminally responsible. In the case of duty delegation the underling and the attorney can be assimilated with the representative of the legal entity. In the U.S.A. there are two important laws against corruption that can be identified: Hobbs Act and Foreign Corrupt Practice Act. The first one, even if at first was not intended to be an anti-corruption provision, after the 1970’s was converted by jurisprudential way into a device to fight the corruption acts accomplished by public servants.

• Details
• Contents