Individualization of sanctions imposed on legal persons for crime Cover Image
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Индивидуализация на санкциите, налагани на юридическите лица за престъпление
Individualization of sanctions imposed on legal persons for crime

Author(s): Ralitsa Ilkova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Legal persons; Criminal charges; Property sanction; Individualization of the sanction; Withdrawal for the benefit of the state

Summary/Abstract: The article deals with the issues related to the individualization of the amount of the property sanction, which is envisaged to be imposed on legal persons, who have enriched or would be enriched by a constituted crime, by the order of art. 83a of the Administrative Violations and Penalties Act. Questions are debatable, as in the original 2005 institutional framework and after its radical 2015 reform, there is a gap in the law regarding the way in which the property sanction is individualized, which circumstances should be considered as mitigating and which - aggravating the liability of the legal person. At the same time, seeking to resolve these issues is important in order to ensure the lawful exercise of the sanctioning powers of the state and the imposition of fair sanctions, and thus the achievement of the objective of the law.

  • Issue Year: LIX/2018
  • Issue No: 2
  • Page Range: 59-69
  • Page Count: 11
  • Language: Bulgarian