УСЛОВИ ОДГОВОРНОСТИ ПРАВНОГ ЛИЦА ЗА КРИВИЧНО ДЕЛО

The National Assembly of the Republic of Serbia recently enacted the Law on Liability of Legal Persons for Criminal Offenses. The new Law indicated a shift toward the new conception of liability of legal entities in Serbian law. The author scrutinizes its provisions, and concludes that they are in compliance with the international documents and recommendations on corporate criminal liability. Nevertheless, the author disapproves of the newly introduced grounds of criminal liability of legal persons. Namely, the new rules concerning the grounds of liability could have been put together in a way which would be less extravagant from the viewpoint of the Serbian doctrine of criminal law, and more in line with the prevailing ideas on grounds of criminal liability of legal entities. The author points out that the idea of corporate liability is no stranger to the Serbian criminal law and legal doctrine. Still, one of distinctive features of Serbian law was that legal persons were subject only to liability for commercial offenses – as opposed to criminal offenses, for which solely natural persons could have been held liable.