The features of criminal liability of business entities

Автор: Zherebtsov A.P.

Журнал: Виктимология @victimologiy

Рубрика: Современные и межотраслевые исследования

Статья в выпуске: 3 (25), 2020 года.

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The article examines the issues of the specifics of the criminal liability of business entities for crimes committed in the implementation of business activity. The author points to the legal norms that provide for the peculiarities of the responsibility of entrepreneurs and the measures of criminal and criminal procedural coercion applied to them in the event that they commit a crime in connection with the implementation of this type activity. It is noted that at present the courts and in law enforcement practice have questions when determining the criteria for classifying persons who have committed economic crimes as entities engaged in entrepreneurial activity, and the conditions for classifying economic crimes as those committed in this area of business. It is concluded that the subjects of entrepreneurial activity can be recognized only by persons who impose the legal right to carry it out, i.e. individual entrepreneurs and commercial organizations. In conclusion, the author draws attention to the fact that in each specific criminal case on an economic crime, if the act is committed in the field of entrepreneurial activity, law enforcement agencies carrying out criminal prosecution and courts in the framework of criminal proceedings must reasonably and reasonably, based on the provisions of the criminal law and the factual circumstances of the case, resolve issues related to the assessment of the constitutional elements of an economic crime, including the fact that the guilty person has the legal status of a business entity and the fact of the commission of an act while carrying out business activities.

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Economic crimes, criminal liability, business entities

Короткий адрес: https://sciup.org/14118738

IDR: 14118738

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