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REGURLAUTBIORINKAS
Nikola Glavince
The author
is a lawyer
HOW CAN CRIMINAL LAW AFFECT
THE SURVIVAL OF A COMPANY?
The functioning of every company legal entity is responsible for the criminal
is a subject to the obligation act performed by a responsible person in
of continuous and consistent the name of, on behalf of, or for the benefit
adherence and application of of the legal entity. The legal entity is also
the legal solutions. Frequently responsible for a crime performed by its
laws are adopted quickly, without an employee or representative wherewith
appropriate discussion, thereby reducing specific property benefit has been realized
the opportunity for natural persons and or wherewith someone else sustained
legal entities to become completely familiar significant damage if the performance of
with their solutions. Nevertheless, quickly a conclusion, order or another decision or
or slowly, the laws that have been adopted approval by a managing body, a steering
create rights and obligations, thereby body or a supervisory body, is considered
they put business and law in a position of a committed crime; if the crime was
mutual dependence and relatedness. Of committed because the competent
all legal solutions, the ones with criminal- supervision by the managing body was
legal nature may have the most serious missed, or if the managing body did not
consequences for the companies. The prevent the crime or concealed it or did not
criminal-legal responsibility of the legal report it before the initiation of a criminal
entities in the Macedonian legislation has procedure against the perpetrator. The
been introduced with the Novella of the country is not excluded from criminal
Criminal Code of RM (K3) in 2004, and in responsibility, and the responsibility of the
2009 several more precise specifications legal entity does not exclude the criminal
and explanations were adopted, in the responsibility of the natural person as the
focus of which is the legal entity as a perpetrator.
subject of law. The application of the
procedural provisions for the punitive or For crimes committed by legal entities, a
criminal responsibility of the legal entity fine is imposed as the main sentence in an
has been stipulated with the Law on amount that cannot be less than 100,000
Criminal Procedure from 2011 (LCP). denars, or more than 30 million denars.
For crimes committed due to cupidity,
A series of provisions from the as well as for crimes that bring profit or
Criminal Code and the Law on Criminal cause large-scale damage, a fine may be
Procedure, may have a serious impact imposed up to an amount that is double
on the operation and the existence of the maximum of this fine or proportionally
each and every company suspected to up to the amount of the caused damage,
have committed a crime. Pursuant to the that is, the realized benefit, however not
Criminal Code of RM (article 28-a), the more than ten times the amount. Under
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