Odgovornost pravnih lica za sva ili samo za određena krivična djela? / Responsibility of Legal Entities for all or for Certain Criminal Acts?

Abstract

Court practice and illustrative examples of the legislator’s negligence in passing the appropriate laws and bylaws provisions point that, in Bosnia and Herzegovina, the most acceptable would be separation of the criminal acts of legal entities, according to the legislative model of the Republic of Macedonia. Namely, the Republic of Macedonia has not passed a special law on criminal responsibility of legal entities, since the provisions on criminal responsibility (lex specialis) are included as a special chapter of the criminal law and are applied primarily, while the general provisions of the criminal law are applied only in cases not stipulated by the special provisions. Thus in the Special Part of the Criminal Code, along with the legal description, within certain criminal acts it is emphasized that a legal entity may be held responsible for the particular criminal act. Given that, in Bosnia and Herzegovina it would also be possible to determine (separate) criminal acts of a legal entity. The advantage of such solution lies in the fact that it is very simple in the technical sense since, on the occasion of passing amendments and alterations of the special part of the criminal law, no additional interventions shall be required in the criminal law or in the substantial legislation.