ОДМЕРАВАЊЕ КАЗНЕ ПРАВНИМ ЛИЦИМА КАО УЧИНИОЦИМА КРИВИЧНИХ ДЕЛА – анализа нормативног оквира у Републици Србији
Sentencing Legal Entities as Perpetrators of Criminal Offences: Analysis of Serbian normative framework

Summary/Abstract: In 2008, the Republic of Serbia adopted a special legislative Act on the Criminal Liability of Legal Entities. Thus, the criminal liability of legal entities has become an integral part of the Serbian criminal legislation which formerly recognized only the individual liability of natural persons. However, given the extensive scope and depth of reformatory intervention, this Act is still not applied. In that context, the author of this paper attempts to provide explanation on one of the possible disputed issue: the legal framework governing sentences for legal entities as perpetrators of criminal offences. There is a special focus on the legislative guidelines: the penal framework; aggravating and mitigating circumstances, with specific reference to the liability of legal persons; the size of the legal entity; the position and number of authorized persons employed by the legal entity who have committed the criminal offence; the precaution measures taken by the legal entity to prevent or reveal the criminal offence; and the measures taken against the authorized person after the commission of the criminal offence. This analysis is primarily aimed at helping the competent courts deal with cases involving these issues but it is also intended to draw the legislator’s attention to some flaws and inconsistencies in regulating this issue. Ultimately, the author suggests some legal solutions on this matter.

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