Criminal liability of legal entities

• Pages: 71-83

71

Balkan Journal of

Interdisciplinary Research

E-ISSN 2411-9725

ISSN 2410-759X

Vol.10 No.3

December, 2024

Research Article

© 2024 Alketa Elezi

This is an open access article licensed under the Creative Commons

Aribution-NonCommercial 4.0 International License

(hps://creativecommons.org/licenses/by-nc/4.0/)

Criminal liability of legal entities

Assoc. Prof. Dr. Alketa Elezi

Mediterranean University of Albania

DOI: https://doi.org/10.2478/bjir-2024-0027

Abstract

This article dwells on the criminal liability of legal entities, especially of well-organized

companies, such as second-tier banks, for the very position they occupy in a market and

in the economy of a given country. We would like to emphasize the distinction of criminal

responsibility of the employee (employees) and how it is linked and separated from that of

the legal entity. In the following analysis, we will show the Prosecutor’s interpretation of

the criteria prescribed by ad hoc law. Specically, Articles 3 and 4 of Law 9754/2007 “On

the criminal liability of legal entities”, which provides the legal basis on which is founded

the criminal liability of any legal organization, in the form of a legal entity, according to

the provisions of the Civil Code, Law on Non-Prot Organizations (8788/2001) and Law on

Commercial Companies (9901/2008). In addition, we must point out the arguments that show

that the evidence brought during trial, is not placed in the context of the criminal fact alleged

to have been commied by the legal entity, or when in some cases those were deliberately

distorted.

The article presents a concrete analysis of the legal interpretation of the legal person’s criminal

liability, but also of the evidence taken in its function during trial. We would like to elaborate

on some general considerations of criminal theory and practice, on the criminal liability of

the legal entity, such as when it was born as such, how it has been developed and adopted

in practice in our jurisdiction upon the entry into force of Law 9754/2004 “On the criminal

liability of legal entities”, analysing it in the context of the charge brought by the Prosecution.

Keywords: criminal liability; legal entity; commercial fraud; nancial institutions; joint stock

ventures.

1. Introduction

Since the beginning of legal entities that separated the liability of the individual from

that of the organization, issues of civil and administrative liability have been raised for

the actions of its representatives (we emphasize its representatives), before the legal

entity itself and towards third parties. Based on the view of civil and administrative

liability of the legal entity and its representatives, according to a logical interpretation