Unternehmensstrafbarkeit im europäischen und internationalen recht

• Autores: Marc Engelhart
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 3, 2012 (Ejemplar dedicado a: Liability of Legal Persons), págs. 110-123
• Idioma: alemán
• Texto completo no disponible (Saber más ...)
• Resumen

  • Since the mid-1990s, national corporate criminal liability laws have expanded worldwide. This development can be seen not only in common law countries but also in civil law jurisdictions that had traditionally judged criminal norms to be inapplicable to fictional persons. As on the international level, more and more regulations directly address companies. International treaties in the field of economic criminal law regularly include corporate sanctions. The following contribution analyses the existing international instruments, especially those of the European Union and the Council of Europe. It concentrates on the binding obligations for states to implement corporate criminal liability into their national systems. It compares and evaluates the preconditions for corporate criminal liability and the respective sanctions. The author concludes that the present regulations still follow a simplistic model of corporate liability. Stronger emphasis on preventive measures would help create good corporate structures by means of sanctioning law. Such a new approach could contribute substantially to the prevention of crime in corporate settings.