Problems Of Legal Entity Exemption From Application Of Criminal Law

  • Oleksandr Zhytnyi
Keywords: a legal entity, the limitation period, reason to exemption


An appearance of criminal law measures in relation to legal entities nothing has changed, the completion of terms of remoteness is remained so far the unique legal foundation of liberation of legal entity from application of criminal law measures.
An author notices that one of the pressing problems is the implementation of the provisions on limitation grounds for exemption legal entity of the application of criminal law.
If the feasibility for implementation criminal sanctions (suspension or interruption of the flow of limitation periods) in positions about the remoteness of crime of an individual is taken into account only its behavior (the commission is it a new offense of evasion is it the court or investigation), among the grounds for the use of such sanctions in the institute application of criminal law for legal persons is advisable to consider not only the activity of a single representative of them, but also any other persons which come forward from its name and in interests.
For these reasons the grounds for interruption of limitation periods apply to the legal entity measures criminal law should change the wording of the Criminal Code provisions on limitation periods.
Coming from these reasonings for breaking of motion of remoteness of application to the legal entity of measures of criminal law character it follows foundation to change the release of the article of the Criminal code with positions about the terms of remoteness.


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