Selected criteria for imposing penalties on legal persons, taking into account their activities in the public interest
Abstract
This paper reflects the current legislation relating to the criminal liability of legal persons, which to some extent comments, but also evaluates. In particular, the criterion of pursuing an activity of a legal person in the public interest which is of strategic or difficult to replace importance to the national economy, defense or security is subject to such an assessment.
At the same time, this article also refers to the opinions of the professional public, as well as the decision-making practice of the Constitutional Court and general courts. And case law of general courts in this work is comprehensively analyzed in connection with the subject headers.
This article also presents considerations for the application of the criterion of public benefit activity of a legal entity, taking into account the existing legislation and comparison with foreign legislation, to which it complements its considerations de lege ferenda. In the final section, this paper deals with the issue of sufficient justification of penalties imposed on legal entities.