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Sanctioning of Legal Persons de lege ferenda

Publication at Faculty of Law |
2021

Abstract

The chapter is dealing with the purpose of the institute of criminal liability of legal persons with a focus on the sanctioning of legal persons. The primary goal of the whole institute in question is prevention.

The options and instruments of sanctioning of legal persons should comply with this principle, however, the current legal regulation does not sufficiently reflect that fact. The chapter thus offers a reflection on how the options for the punished legal person to further continue in its regular activity, while at the same time experiencing the necessary repressive part of the imposed sentence, could be appropriately implied into the legal regulation.

In this respect, it is, however, necessary to waive some of the principles that are applied when sanctioning natural persons.