The Concept of Corporate Criminal Liability and Problems of its Application in Lithuania
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Abstract
Development of corporate criminal liability has become one of the most actual and ambivalent issues of contemporary criminal law. The idea of corporate criminal liability has derived from common law jurisdictions where traditionally the boundary between criminal and civil law sanctions was vague and punitive sanctions could have been applied within the framework of tort law. Therefore, some scholars argue that corporate criminal liability is incompatible with the main principles of substantial criminal law as applied in continental legal tradition jurisdictions.
Recent recommendations of international community clearly establish that effective, proportional and dissuasive sanctions must be applied against corporations. However there are no recommendations to amend criminal laws and establish all these measures in criminal statutes. Therefore, some jurisdictions are in favour of using administrative, financial or other relevant measures instead of corporate criminal liability.
On the basis of research results of foreign laws and practice of application thereof the authors state that it is highly recommended to establish corporate criminal liability. Considering global mergers and acquisitions of multinational companies, environmental and consumer protection issues it is obvious that civil sanctions are insufficient and cannot deter offender. Corporate criminal liability is reasonable whereas criminal procedure serves for better protection of defendant’s rights as well. Furthermore some international documents ratified by Lithuanian Parliament (Seimas) recommend prescribe corporate liability for traditional crimes such as bribery, money laundering etc. Thus it is more reasonable to inscribe these provisions into Criminal Code rather that adopt other special laws.
Finally current amendments of Lithuanian Criminal Code on corporate criminal liability are examined. The authors arrive at the conclusion that even though Lithuania has implemented the recommended clauses of corporate liability as established in the documents adopted by Council of Europe and European Union institutions, due to the inconsistent Lithuanian laws practical problems of application of corporate criminal liability might arise. Furthermore, the authors are of the opinion that special sentencing rules could have been adopted with respect of legal persons.
Recent recommendations of international community clearly establish that effective, proportional and dissuasive sanctions must be applied against corporations. However there are no recommendations to amend criminal laws and establish all these measures in criminal statutes. Therefore, some jurisdictions are in favour of using administrative, financial or other relevant measures instead of corporate criminal liability.
On the basis of research results of foreign laws and practice of application thereof the authors state that it is highly recommended to establish corporate criminal liability. Considering global mergers and acquisitions of multinational companies, environmental and consumer protection issues it is obvious that civil sanctions are insufficient and cannot deter offender. Corporate criminal liability is reasonable whereas criminal procedure serves for better protection of defendant’s rights as well. Furthermore some international documents ratified by Lithuanian Parliament (Seimas) recommend prescribe corporate liability for traditional crimes such as bribery, money laundering etc. Thus it is more reasonable to inscribe these provisions into Criminal Code rather that adopt other special laws.
Finally current amendments of Lithuanian Criminal Code on corporate criminal liability are examined. The authors arrive at the conclusion that even though Lithuania has implemented the recommended clauses of corporate liability as established in the documents adopted by Council of Europe and European Union institutions, due to the inconsistent Lithuanian laws practical problems of application of corporate criminal liability might arise. Furthermore, the authors are of the opinion that special sentencing rules could have been adopted with respect of legal persons.
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