engleski

Criminal Responsibility in Croatia: privatization and war period

Economic crimes that result in the substantial loss of profit and are not prosecuted could have enormous effect on the overall economy, society and rule of law. The last is more visible in transitional societies. Even more, impunity for economic crimes sometimes reinforces impunity for gross violation of human rights, especially in war torn societies. Crimes that occurred before or after global financial crises (for instance, Enron, Siemens) raised the awareness of the global impact of serious economic crimes. The cross-border and transnational dimension is becoming more important in choosing the mechanism how to combat those crimes. Also, establishing the criminal responsibility of CEO´s or managers of the companies is not always an easy task, especially taking into consideration the complexity of those crimes and its elements. Croatia is facing particular legal situation regarding combating serious economic crimes committed in the period of ownership transformation and during war period. The Law on the Exemption from the Status of Limitation for War Profiteering and Crimes Committed in the Process of Ownership Transformation and Privatization was passed in Croatia in May 2011. The key questions that are arising from the application of this law (dis)respecting the rules on retroactivity, legal certainty and/or principle of justice in order to combat serious economic crimes that occurred in last two decades.

privatization and ownership transformation; Croatia; transitional society; Constituional amendments; criminal responsibility of managers; retroactive application of criminal law

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