Ar pagrįstai ribojamas juridinių asmenų, kurie gali būti laikomi baudžiamosios atsakomybės subjektais, ratas?
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Criminal liability of legal entities was legitimised in the Republic of Lithuania nine years ago, and in the ruling of the Constitutional Court of 8 June 2009, a conclusive confirmation on its accordance with the Constitution was made. It should be noted that this penal law novelty (providing the extension of the concept of criminal offence subject) caused considerable debate among Lithuanian scientists. One of the most controversial issues of this penal law novelty are the exceptions listed in Article 20(5) of the Criminal Code. The author examines this issue and after considering the theoretical aspects and the analysis of foreign countries’ practice, makes the following conclusions: 1. Countries where criminal liability of legal entities was legitimised some time ago (United Kingdom, Netherlands, etc.) are replacing the old practice (the rule „King can do no wrong“) and removing criminal immunities of state and municipal institutions; 2. Criminal liability of the State or its institutions and bodies is not possible in Lithuania due to the existing criminal law. It is unworkable in practice, among other things, due to the penal sanctions system provided in Lithuanian Criminal Code; 3. It can be assumed that the exceptions listed in Article 20(5) of the Lithuanian Criminal Code should be adjusted, with the possibility to make municipalities, their institutions and bodies criminally liable.
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