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The factual and legal existence of a legal entity in the light of the principle of legality

Publication at Faculty of Law |
2021

Abstract

The presented paper deals with selected issues of criminal proceedings against a legal entity from the perspective of the principle of legality. In the first part, the author focuses on the pitfalls associated with the so-called empty boxes, whose presence in criminal proceedings can cause significant difficulties not only for law enforcement agencies and adds his solutions and considerations de lege ferenda.

The author then uses these considerations in the second part of this article, where he compares the application of the principle of legality in the cases of inadmissibility of criminal prosecution of deceased natural persons and dissolved legal entities, to which he adds the inducement to change the legislation.