Review article
Concept of Autonomous Liability of Legal Person and its Application in Criminal Law
Vanja-Ivan Savić
; Faculty of Law University of Zagreb, Zagreb, Croatia
Abstract
In this paper the author examines a specific model of criminal liability of juristic persons namely corporations: autonomous liability model. This contemporary concept although has complex mechanisms in which one should observe legal entity offers solutions which other theoretical models of liability of juristic persons do not offer. Autonomous liability is not derived from the guilt or action of one particular employee of the organization but it exists on its own just as a result of an action of the legal entity itself. By this liability, mostly criminal one is not based on the concept of identification or vicarious liability (agency), but on the actions of the structure called corporation itself. Author analyzes important concepts of aggregation, organic theory, collective knowledge and corporate guilt and lists important factors which can detect structural omissions of the legal entity as well.
Keywords
juristic person; autonomous liability; aggregation; organic theory; corporate guilt; legal theories
Hrčak ID:
79894
URI
Publication date:
1.12.2011.
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