Criminal liability of legal entities

Confirmation of the above international conventions from the area of Criminal law represents their ratification, which means their incorporation into our criminal legislation. Further on, it means that some articles of ratified conventions are directly implemented on a certain situation, and in other case, some articles are to be incorporated into our current criminal legislation. These Laws open new chapter in our criminal legislation, by introducing criminal liability of companies and other legal entities. In order to implement the mentioned Laws, it is necessary to determine possible criminal liability of legal entities in current criminal legislation and adopt special law on criminal liability of legal entities, which is not the case at the moment and that our system recognizes only liability of legal entities for commercial misdeminor. On the one hand, de lege ferenda, the idea of criminal liability of legal and liable entities in our country would be implemented by taking specific content and nature of commercial misdeminor in sense of output and input defined relations in commercial and financial operations. On the other hand, the same idea must be strictly implied by the fact that the institute of criminal liability of legal entities is much more present nowadays in criminal law of more and more countries around the world. Developmental trend shows that liability of legal entities for crimes must determine in their legislation all state members of Council of Europe and European Union. Foundation for liability of legal entities indicates that in future it will not be enough to have only objective liability of legal entities, but to define also special state of criminal liability suited to the nature and character of legal entities. Therefore, we propose, until we introduce criminal liability of legal entities in our legislation, to keep the general notion of commercial misdeminor as it is at present, in counterpart, if there is a need for that, and in a view to harmonize with the general notion of crime, to build the same gradually and deliberately, in steps, based on professionalism and legitimacy, and by using already existing nomotechnical standards.