Juridinių asmenų baudžiamosios atsakomybės problemos

Abstract

The enforcement of the reform in the Lithuanian criminal law inevitably causes various objective difficulties. One of them is the problem related to the conception of legal persons' criminal liability. The author of this article overviews the models foreseen in the Drafts of Criminal Cede of Lithuania. The article also presents critics of the objective conditions to the criminal liability of legal persons set forth in the Drafts of Criminal Code. The author draws the attention of the legal society to the problem of guilt which is a basis for a criminal liability of a legal person. Furthermore, the author states that in essence the issue of guilt of a legal person is left unsolved in the Drafts of Criminal Code. The article formulates and launches to the evaluation and critics of readers the other model for a criminal liability of legal persons. The bases for this model is the classic identification theory under which a legal person should be personalised with each of its member (i.e. a natural person) who performs certain functions of the legal person. It is proposed to solve the problem of legal person's guilt following the normativistical conception of guilt.