Considerations regarding the distribution of criminal liability between the legal person and the individual at the European level
Considerations regarding the distribution of criminal liability between the legal person and the individual at the European level
Author(s): Cristina Stamate (Dobre), Florina-Denisa PuşcăuSubject(s): EU-Legislation
Published by: Editura Hamangiu S.R.L.
Keywords: legal person; individual; jurisdictions; criminal law; punishment; offense;
Summary/Abstract: At the legislative level, an essential question seeks the answer regarding the allocation of liability between the individual and the legal person and the structuring of the relationship between their liabilities. At the level of implementation in the case of an offense committed as a result of a defective organizational policy, the question is who should be held responsible: the individual whose actions directly caused the violation of the law, the employer or the legal person who issued the policies or indications on the basis of which the individual and the legal person acted, or none.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: VII/2019
- Issue No: VII
- Page Range: 98-105
- Page Count: 8
- Language: English