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THE IMPORTANCE OF PROTECTIVE MEASURES IN THE CORPORATE CRIME SANCTIONING SYSTEM

Publication at Faculty of Law |
2021

Abstract

This chapter deals with the legal regulation, both de lege lata and de lege ferenda, of protective measures in the Act on Criminal Liability of Legal Entities. The main idea of the chapter is to evaluate whether the current regulation of sanctioning legal entities is sufficiently effective, proportionate, and dissuasive.

Although the purpose of sanctioning natural persons differs from the purpose of imposing sanctions on legal persons, all the functions of the sanction must be fulfilled, although in a modified form. The chapter focuses in detail mainly on the possibility of probation supervision imposed on a legal entity as a protective measure (or as a punishment).

Attention is also paid to the protective measure of forfeiture of a part of property which has the potential to draw on the benefit obtained by the previous criminal activity of the legal entity.