Criminal Liability of Legal Entities

Alketa Elezi and Rezana Balla
Mediterrean University Albania; Qirjazi University Albania

Abstract

The theory and practice of criminal law, not only in our jurisdiction but also in a wider area, has elaborated. regarding the criminal liability of legal entities, especially of well-organized companies, such as second-tier banks, for the very position they occupy in a market and in the economy of a given country. Furthermore, we would like to emphasize the distinguish of criminal responsibility of the employee (employees) and how it is combined and separated from that of the legal entity. In our analysis below, we will show the Prosecutor interpretation of the criteria provided by the special law. Specifically, articles 3 and 4 of Law 9754/2007 "On the criminal liability of legal persons", which is the legal basis on which the criminal liability of any legal organization, in the form of a legal person, is based, according to the provisions of the Civil Code, the Law on Non-Profit Organizations ( 8788/2001) and the Law on Commercial Companies (9901/2008). To this we must also add the arguments that show that the evidence brought during trial, are not placed in the context of the criminal fact alleged to have been committed by the legal entity, moreover in some cases were deliberately distorted. As we emphasized above, we think that the strategy of the investigation was clear and not in the function of providing justice, i.e. confronting the criminal responsibility of the legal entity, in order to have a future argument for a trial possible civil, to seek civil liability from the latter, in the absence of the ability to pay of the one who caused this civil and non-criminal conflict, the Company and the party itself that claims to be the victim of this criminal process. We think that, in the event that an investigation developed and defended in this trial, in function of this strategy, would create a dangerous precedent for the business environment and would make it liable not only criminally but also civilly, for any action illegal actions carried out by its employees during the exercise of their functional duties, regardless of the fact that its governing bodies have authorized it, or moreover have been aware of these actions. The article presents concrete analysis of the legal interpretation of the legal person's criminal responsibility, but also of the evidence taken during trial in its function, we would like to dwell on some general considerations of criminal theory and practice, for the criminal liability of the legal person, since it was born as such, how it has been developed and adopted in practice in our jurisdiction, after the entry into force of the law. 9754/2004 "On the criminal liability of legal entities", seeing it in the context of the charge brought by the Prosecution body, against the person protected by me, the Legal Entity.

Presentation