In the context of the Program of Continuous Formation, the School of Magistrates organizes on 6 - 7 March 2023 the activity on topic:
“Criminal liability of the legal person deriving from the criminal offenses of the economic activity and the logical relationship with the criminal responsibility of the natural person for the criminal offense that occurred. The content of concepts “in the name and for the benefit”, sentencing issues and our judicial case law. Criminal punishment and its indirect efficiency on natural persons. The closure of the activity of the natural person as a criminal punishment and its influence on the re-organisation of the legal person by the same natural persons.”
The panel in this training activity is composed of:
- Experts of the School of Magistrates:
- Arben Rakipi
- Jay Shapiro
- Erjon Bani
Facilitator of the School of Magistrates:
- Lutfije Celami
In this activity were elaborated various topics such as:
- Arguments for and against the liability of the legal person;
- Elements of the criminal liability of the legal person under Conventions;
- The enforcement of criminal law versus the legal person;
- What about cases when a trade company commits a criminal offense during creation, but before registration (without gaining the legal personality), can be criminally charged for the committed criminal offense?
- Do individual enterprises bear criminal liability?
- The commitment of the criminal offense “in the name and for the benefit” of the legal person;
- The commitment of the criminal offense because of the absence of control or the monitoring of the person who leads, represents and administers the legal person;
- What about the criminal offenses committed by the natural persons, in the benefit of the legal person, who are not employees of the legal person, neither de jure nor de facto, who will be responsible?
