Naslov
The liability of legal entities for criminal acts in Croatian court practice

Autori
Mišić Radanović, Nina

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
36th International Scientific Conference on Economic and Social Development – "Building Resilient Society", / - Zagreb, 2018, 225-235

Skup
36th International Scientific Conference on Economic and Social Development: Building Resilient Society

Mjesto i datum
Zagreb, Hrvatska, 14.12.2018. - 15.12.2018

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
liability of legal entities, legislative framework, criminal capacity, responsible individuals, economic crime

Sažetak
The normative model of liability of legal entities for criminal acts in the Croatian legal system has already been present for almost fifteen years. The Republic of Croatia's legislation has completely harmonized this with the European one and in particular with the Anglo-American system in which types of liability had always been in place. The responsibility of a legal entity is founded on its individual (responsible) person and accepting the model of implemented liability with the theory of identification because the person responsible is identified with the legal entity and their acts and omissions are considered to be the acts/omissions of the legal entity. In Croatian legal criminal theory, a range of disputable issues of this type of liability have notionally been defined. An example of this is the circle of individual and legal entities liable which our court practice mainly accepts. However, research into the processing and structure of criminal acts of legal entities point to the fact that inquests and investigations of legal entities are lengthy ; that a large number of reports are rejected because the informers are individual or legal entities who believe they are injured parties in a legal-civil way ; that the court criminal policy towards legal entities is substantially different from the legislative ; that the security measures are very rarely applied, just like confiscation of pecuniary gain and so on. Also, less legal entities are criminally reported than responsible individuals in these legal entities, which can be explained by the fact many legal entities have ceased to exist or by the fact a legal entity has several responsible persons. The structure of the acts of legal entities most commonly appearing in court practice shows that they are in particular from the area of white- collar crime. That is, mainly reported is fraud in business, abuse of trust in business, tax or customs evasion and so on. Then come acts against employment relations and social insurance, against the environment, against safety in general, against property, document forgery, against intellectual property and so on. Research into the judicature uncovers the existence of a kind of gap between normative solutions and their application in court practice

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA