Odgovornost pravnih lica za prekršaj / Misdemeanor Liability of Legal Entities

Abstract

According to the provisions of the newest Law on Misdemeanors of the Republic of Srpska, for misdemeanor offence the following categories of rights holders can be held responsible: physical body, (independent) entrepreneur/contractor, legal body, responsible person within the legal body and responsible person within the state authority, republic authority and local self-government authority units. Against the listed offenders different misdemeanor offence sanctions can be applied (under Article 36 of the mentioned Law), thus, the legal body, under legally provided conditions, can be sanctioned for misdemeanor offence as follows: monetary fine, measure of warning, protective measures involving object confiscation and prohibition to perform a business activity, along with non-penal measures involving property gains seizure and damage recovery. Liability of legal bodies for misdemeanors perpetrated, in the same way as it is foreseen in criminal justice, is based on so-called, objective liability, that is, the fact that a misdemeanor was caused and causal relations between the misdemeanor action and consequence of that action. Liability of legal persons for perpetrated misdemeanor are elaborated in this paper.