Liability of legal persons for offences in the EU

Outstanding policy decisions

auteurs Wendy De Bondt
  Charlotte Ryckman
  Gert Vermeulen
tijdschrift GofS (ISSN: )
jaargang 2012
aflevering European Criminal Justice and Policy
onderdeel Artikelen
publicatie datum 14 september 2012
taal English
pagina 177
keywords EU policy implications, future recommendations, criminal liability, Legal persons, national diversity
samenvatting

Liability of legal persons for offences is an issue which has been coming and going on the EU’s political agenda. This contribution links in with a European Commission study on the liability of legal persons, conducted by the authors with a view to gathering factual information on the legal framework that governed the liability of legal persons for offences in each of the 27 member states. When analysing the impact of the national diversity in attributing liability to legal persons, five main differences could be identified, being differences in the scope (1) ratione personae, (2) ratione auctoritatis, (3) ratione materiae, (4) ratione attributio and (5) ratione poenae. Those differences are used as the backbone for the structure of this contribution. Those differences are brought in relation to various EU policies. The authors looked into the implications for the EU’s approximation policy, the EU’s international cooperation policy, the EU’s data exchange policy and the EU’s procedural safeguards policy. Based on the outcome of the analysis, a number of policy recommendations are formulated with respect to (1) continuing and complementing the current general approach, (2) reconsidering the scope of a ‘legal person’, (3) considering the introduction of ‘strict liability’, (4) rephrasing and complementing the currently suggested sanctions, (5) extending the mutual recognition instrumentarium, (6) fine-tuning the information infrastructure and obligations with respect to exchanging and storing foreign information and (7) ensuring equivalent protection outside a strict criminal liability context.