Open AccessCriminal Liability of Legal Entities under the Laws of the Republic of Montenegro
Author(s) -
А.V. Fedorov
Publication year - 2018
Publication title -
rossijskij sledovatelʹ
Language(s) - English
Resource type - Journals
ISSN - 1812-3783
DOI - 10.18572/1812-3783-2018-7-69-76
Subject(s) - montenegro , law , criminal law , legal liability , political science , strict liability , criminal liability , criminal procedure , criminal code , mens rea , punishment (psychology) , liability , limited liability partnership , sociology , psychology , social psychology , ethnology
The article is dedicated to review of the laws of the Republic of Montenegro on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2006, the Criminal Code of the Republic of Montenegro and the Criminal Procedure Code of the Republic of Montenegro. The publication reviews statutory resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of persons who can be brought to criminal liability; pays attention to the fact that legal entities in the Republic of Montenegro may be brought to criminal liability for any actions acknowledged as crimes by the national criminal laws with no exceptions; specifies articles of the General Part of the Criminal Code of the Republic of Montenegro, provisions of which are applied to bringing legal entities to criminal liability; reviews such criminal sanction types applicable to legal entities as a fi ne, liquidation of a legal entity, forfeiture and sentence publication; analyzes circumstances considered at punishment imposition and the conditions for release from punishment. The author notes criminal procedure peculiarities of bringing legal entities to liability including broad discretionary powers of a prosecutor in resolution of issues on bringing legal entities to criminal liability