Danubius International Conferences, 6th International Conference The Danube - Axis of European Identity

Distribution Of Criminal Liability Between The Legal And Physical Entity At EU Level

Monica Pocora
Last modified: 2016-06-10


At the legislative level, a crucial question looking for the answer regards the distribution of the liability between the physical and legal entity and structuring the relation between the liabilities of their obligations. On a practical level, in the case of a crime committed as a result of faulty organizational policy, the question looks for an answer to whom should be held accountable: the individual whose actions has caused directly the breaking of the law, the employer or legal entity that has issued policies or indications based on which the individual acted, or both individual and legal entity, or none. The EU jurisdictions still face these questions when put into practice of the institution of criminal liability of legal persons. The judicial practice, however, is still poor or non-existent in most states. This paper aims at providing answers as close to harmonize legislation with practice, and also the reason for which the legislator has established the criminal liability of the two persons.