The Criminal Liability of Legal Persons and Administrative Sanctioning Law: Criteria for the Objective Attribution of Liability
ISSN: 1105-1590
Any de publicació: 2014
Volum: 26
Número: 2
Pàgines: 581-612
Tipus: Article
Altres publicacions en: Revue europeenne de droit public = European review of public law = Eur. Zeitschrift des offtl. Rechts = Rivista europea di diritto pubblico
Resum
The progressive introduction of corporate liability in criminal systems has narrowed the relation between criminal Law and administrative sanctioning Law. This study analyses the implications that such novel legislation may have in certain areas of administrative offences, particularly with regard to its definition. Specifically, it sets out a response to the question of what criteria should be followed when attributing criminal liability under administrative sanctioning Law, the question of which natural persons may administratively implicate the legal person, and what the requirements are for doing so.