The Conditions for Criminal Liability of Corporations
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Abstract
The criminal liability of corporations is the new principle of the Lithuanian criminal law. The principle was adopted in the Criminal Code of the Republic of Lithuania of 1961 at the beginning of 2002 but it was never used in practice of justice. The criminal liability of corporations is very actual both in theory of law and in practice of justice because of it’s novelty and incompatibility with fundamental principles of our criminal law.
The article deals with the reasons for adoption of the principle in the Criminal Code of the Republic of Lithuania and the preconditions for liability of corporations. The author examines two corporate criminal liability models: identification ant „respondeat superior“ implemented in the new Criminal Code of the Republic of Lithuania (art. 20). The author concludes that according to the models, the corporate criminal liability is essentially vicarious. The existing corporate criminal liability models have their limitations because they present two-stage procedure, whereby elements of liability (actus reus and means rea) are located in the behaviour of agents and then ascribed to the agency (identified or attributed). This is serious obstacle to put into practice the provisions of the article 20 of the Criminal Code of the Republic of Lithuania, especially in cases when the harm was caused by large, decentralized organizations.
The collective knowledge and corporate self-identity models are the new models for imposing corporate criminal liability. They are also examined in the article. The author suggests that these new models could be applied for solving a problem of insufficiency of the existing models.
The article deals with the reasons for adoption of the principle in the Criminal Code of the Republic of Lithuania and the preconditions for liability of corporations. The author examines two corporate criminal liability models: identification ant „respondeat superior“ implemented in the new Criminal Code of the Republic of Lithuania (art. 20). The author concludes that according to the models, the corporate criminal liability is essentially vicarious. The existing corporate criminal liability models have their limitations because they present two-stage procedure, whereby elements of liability (actus reus and means rea) are located in the behaviour of agents and then ascribed to the agency (identified or attributed). This is serious obstacle to put into practice the provisions of the article 20 of the Criminal Code of the Republic of Lithuania, especially in cases when the harm was caused by large, decentralized organizations.
The collective knowledge and corporate self-identity models are the new models for imposing corporate criminal liability. They are also examined in the article. The author suggests that these new models could be applied for solving a problem of insufficiency of the existing models.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
