For The Corporate Criminal Liability Cover Image

За корпоративната наказателна отговорност
For The Corporate Criminal Liability

Author(s): Silviya Evtimova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Великотърновски университет „Св. св. Кирил и Методий”
Keywords: administrative liability; criminal law; administrative violations; European directives

Summary/Abstract: This article looks ahead to the institute of corporate criminal responsibility, the need for regulation in Bulgarian legislation and its practical application in some European countries. Our country is a party to several international legal instruments, which contain an obligation on the parties to establish corporate criminal liability. As a result of these international treaties to which it is party, the Republic of Bulgaria is committed to introducing the administrative liability of corporates and it happened with Art. 83 of the Law on Administrative Violations and Penalties Act and the relevant texts in the special laws. Practically, the regulation, which is in force since 1969, has long ceased to serve the real needs of the administration proceedings in establishing administrative offenses and imposes administrative sanctions, by presupposing rather creating controversial, instead of unified practice of courts in prosecuting judicial review of sanctions acts of administration. The need for reform in this direction is palpable and in future it would be appropriate to sign legally separate procedure for corporates that also covers individuals whose personal criminal responsibility is inextricably linked with the companies which they serve.

  • Issue Year: 12/2016
  • Issue No: 1
  • Page Range: 46-56
  • Page Count: 11
  • Language: Bulgarian