Training Activity on topic, “Criminal responsibility of legal persons.”

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 30 January, 2024, the training activity on topic: 

“Criminal responsibility of legal persons.”  

The panel in this training activity is composed of:

• Arben Rakipi, expert;
• Erjon Bani, expert;
• Ylli Pjetërnikaj, facilitator.

The main purpose of this training activity is as follows: 

• To analyze the criminal liability of the legal person deriving from the criminal offenses of the economic activity and the logical report with the criminal liability of the natural person for the criminal offense occurred; 
• The content of concepts “in the name and in the benefit of”, issues of penalties and our judicial practice; 
• The criminal penalty and its indirect efficiency on natural persons; 
• The closing of the activity of the natural person as a criminal penalty and the influence he does have on the reorganization of the legal person by the same natural persons. 

In this activity were elaborated various topics such as:

• The main arguments on why the liability of natural persons has to be completed with the liability of legal persons are as follows: 

1. Corruption as social phenomenon cannot be prevented if it is not addressed at one of its sources; the corruption of the state for benefits of legal persons;   
2. The most used main arguments cons., the criminal liability of legal persons are as follows: 

• Only natural persons can be criminally responsible because the relation between a criminal offense and an abstract legal fiction cannot exist in terms of guilt (“nulla poena sine culpa”);

1. The elements of criminal liability of legal persons under Conventions; 
2. The criminal liability of the legal person according to the national legislation, practical and theoretical problems.