Open AccessThe Involvement of a Legal Entity in a Criminal Case
Author(s) -
Vladimir Yu. Stelmakh
Publication year - 2020
Publication title -
rossijskij sudʹâ
Language(s) - English
Resource type - Journals
ISSN - 1812-3791
DOI - 10.18572/1812-3791-2020-12-25-29
Subject(s) - unitary state , criminal code , representation (politics) , criminal case , political science , law , criminal law , business , politics
The article analyzes problematic aspects of representation of a legal entity in criminal proceedings. Representatives of a legal person may be all persons listed in the criminal procedure law, but the main representative is a member of the governing body, and the remaining persons are appointed by this body and are additional. Some decisions (for example, an application to initiate criminal proceedings on crimes listed in chapter 23 of the Criminal Code of the Russian Federation) are entitled to be submitted by the governing body as such, and not by its individual members. A distinction is made between the representation of a legal entity in unitary enterprises and joint-stock companies. The possibility of participation of representatives of the owner of a unitary enterprise as a representative of the victim is justified in cases where the director of the enterprise unsatisfactorily performs duties in criminal proceedings or is suspected of committing a crime.