Liability of Legal Persons for Offences in the EU
Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)
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Diversity in the member states
Implications for the EUs own policy making
Implications for the MSs cooperation practice
Additional comment box administrative liability approximation instruments attribution mechanisms BONDT civil liability COLETTE-BASECQZ company staff context convictions handed cooperation in criminal Corporate Criminal Liability Council Framework Decision Council of Europe criminal matters criminal records differences e.a. eds employees EU’s Europe/Corporate criminal liability European Commission European Union free to insert further specify hierarchy of company identified imposed on legal included indicate Insert your explanation ISBN law or legal legal regime liability for offences liability in Europe liability is restricted liability of legal liability regime Maklu Member State’s national mens rea model theory money laundering morales en Europe/Corporate mutual legal assistance mutual recognition natural person obligation offences committed organisational parallel prosecution pénale des personnes personnes morales persons for offences project team public legal persons rea requirement respect responsibilité pénale scope Slovakia specific type State’s national law trafficking in human types of sanctions Vander Beken Vermeulen vicarious liability