Мarginalia along with criminal liability of legal entities act

Abstract

Although, almost two years passed by since Republic of Serbia has statutory regulated the matter of criminal liability of legal entities, in practice until now there haven’t been cases in which these rules were applied. There are a lot of reasons for that, and one of them are certainly new normative solutions which criminal law optics, traditionally directed to individual subjectively liability of person as crime offender, displacing to legal entities and specific qualities which are the result of that. Because of that, in this work the retrospect is done on some new legal institutions, and before all those from the field of material criminal law. It is examined, in the first place, circle of crimes for which legal entity can be responsible, and after that legal entities which liability can be discussed in criminal proceeding. Attention is then directed to interpretation of meanings of two basic crime subjects – responsible person and legal entity. Although these mentioned subjects usually appears as „original“ and „derived“ crime offender, there are situations in which only one of them could be brought out in the face of justice. At the end of work specific qualities in connection with criminal sanctions which can be declared to legal entity are analyzed, by which special attention is dedicated to „capital pun ishment“ that is liquidation of legal entity.