<abstract xmlns="http://www.w3.org/1999/xhtml"><p>This paper deals with the definition of (substantive) subsidiarity of criminal repression and the possibility of its application to the criminal liability of legal persons. After defining the liability of legal persons in the relevant legal regulations, the paper presents an interpretation of subsidiarity in Section 12(2) of the Criminal Code that is significantly different from the “official” opinion. Subsequently, the paper discusses certain criminal law situations in which the application of subsidiarity would lead to the conclusion that the legal person is not punishable (“non-criminality”). The first aim was thus to present the theoretical concept of subsidiarity of criminal repression, which would be methodologically correct, and therefore generally applicable. The second objective was directed at demonstrating that this construct can be applied to specific examples of the liability of legal persons, that is, that it can be applied to the activities of the bodies in charge of criminal proceedings.</p></abstract>

This paper deals with the definition of (substantive) subsidiarity of criminal repression and the possibility of its application to the criminal liability of legal persons. After defining the liability of legal persons in the relevant legal regulations, the paper presents an interpretation of subsidiarity in Section 12(2) of the Criminal Code that is significantly different from the “official” opinion. Subsequently, the paper discusses certain criminal law situations in which the application of subsidiarity would lead to the conclusion that the legal person is not punishable (“non-criminality”). The first aim was thus to present the theoretical concept of subsidiarity of criminal repression, which would be methodologically correct, and therefore generally applicable. The second objective was directed at demonstrating that this construct can be applied to specific examples of the liability of legal persons, that is, that it can be applied to the activities of the bodies in charge of criminal proceedings.

Criminal Liability of Legal Persons in Light of the Subsidiarity of Criminal Repression

DANUBE

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

This paper deals with the definition of (substantive) subsidiarity of criminal repression and the possibility of its application to the criminal liability of...

Criminal Liability of Legal Persons in Light of the Subsidiarity of Criminal Repression

Publié en ligne: 29 déc. 2016

Pages: 215 - 228

DOI: https://doi.org/10.1515/danb-2016-0014

Mots clés
Subsidiarity, Criminality, Legal Person

© 2016 Pavel Kotlán, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Criminal Liability of Legal Persons in Light of the Subsidiarity of Criminal Repression

Publié en ligne: 29 déc. 2016

Pages: 215 - 228

DOI: https://doi.org/10.1515/danb-2016-0014

Mots clésSubsidiarity, Criminality, Legal Person

© 2016 Pavel Kotlán, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Subsidiarity, Criminality, Legal Person