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Temelji kaznenog postupka protiv pravnih osoba te položaj i uloga predstavnika pravne osobe.
- Source :
-
Pravnik, Law & Society Review . 2014, Vol. 47 Issue 96, p49-62. 14p. - Publication Year :
- 2014
-
Abstract
- By the implementation of criminal liability of legal entities in Croatian legal system, in conformity with provision of relevant European legal documents, Croatian legislator eliminated significant legal loophole from Croatian legal system. Former regulation allowed legal entity, as social invention, to remain deprived of criminal consequences, while only "the most guilty" offenders had been prosecuted and punished. This anomaly is resolved by The Croatian Act of Liability of Legal Entities for Criminal Offences in a way that legal entity, as social invention, is able to suffer criminal consequences which automatically results in having a specific impact prescribed by law both to members of legal entity and to the legal entity as whole. Even though this institute has been developed in criminal-law practice there are a certain issues that still needed to be resolved. Namely, it is necessary to eliminate existing inequality in legal position between legal entity representative as attorney in law and legal entity representative as non attorney in law, as well as to distinguish representative actual role from defender. The purpose of this paper is to demonstrate basis of criminal liability of legal entities prescribed by The Croatian Act of Liability of Legal Entities for Criminal Offences and to explains legal position and specific role of legal entity representative in criminal proceedings and, lastly, to analyze mentioned through relevant case law in a fields of copyrights. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Croatian
- ISSN :
- 0352342X
- Volume :
- 47
- Issue :
- 96
- Database :
- Academic Search Index
- Journal :
- Pravnik, Law & Society Review
- Publication Type :
- Academic Journal
- Accession number :
- 102134417