Antonova, E.Y. Theoretical model for the corporate (collective) criminal responsibility

Abstract: The article concerns an issue of theoretical model of corporate (collective) criminal responsibility. The author defines the factors, which socially provide for the corporate (collective) criminal responsibility, she analyzes the correlation between collective civil, administrative and criminal responsibility, as well as the mechanism of criminal activities of corporate (collective) entities. The article contains a conclusion that corporate (collective) criminal responsibility should only be applied in cases, when other means (civil or administrative) applicable to collective entities fail to restore social justice and prevent new harmful acts towards the social relations protected by criminal law. The mechanism of unlawful acts of corporate (collective) entities arises from the criminal corporate culture, which may be understood as a policy, means of management, course of activities or practice of a corporate (collective) entity as a whole or of its structural divisions, within the process of which the unlawful activities in the name of (or in the interests of) a corporate (collective) entity is allowed, supported or neglected by the managing persons. Additionally, the article provides for the conditions for the corporate (collective) criminal responsibility, and the conditions eliminating criminal character of activities of legal entities and other collective entities, punishments and other means of criminal legal character, which may be applicable to a collective entity.

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