Theoretical Aspects of the Legal Capacity of a Legal Entity
Year: 2025
Type: article
Abstract: The relevance of the presented article is determined by the legal and factual circumstances that the criminal liability of a legal entity is provided for in numerous international conventions and also in the domestic legislation of many countries. In Georgian legislation, specifically through the amendments made to the Criminal Code of Georgia on August 25, 2006, the issue of the punishability of a legal entity was legalized. This has led to diverse approaches regarding how a legal entity could commit a crime when, generally, only a natural person can be the subject of a crime. The question also arose that, in fact, a legal entity could not commit a crime without the assistance of a natural person. It is precisely here that the problem emerged: whether the issue of indirect liability of the legal entity arises in the process of committing a criminal act, or whether the legal entity is being punished for a criminal act committed by another. Furthermore, the problem significantly emerges whether legal entities should be considered as subjects equal to natural persons in legal relations. The aim of the article is to analyze the issues raised during the research process and to highlight the peculiarities of the criminal liability of a legal entity. To address the problems raised in the article, the methodological basis of the research includes historical, formal-logical, comparative-legal, and other methods.
Source: CyberLeninK (CyberLeninka)
Author: Tsereteli G.
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6911874046
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