PËRGJEGJËSIA PENALE E PERSONIT JURIDIK NË SISTEMIN COMMON LAW
Authors/Creators
Description
This article examines the historical and contemporary perspectives on the criminal liability of legal persons within the Common Law framework. Until the 19th century, criminal liability for corporations was not explicitly recognized in Common Law jurisdictions. A pivotal case, United States v. Amedy (1826), marked the first explicit acknowledgment of such liability. This development gained momentum through legislative measures like antitrust Laws, targeting corporate economic abuses during the Industrial Revolution. Decisions like New York Central & Hudson River Railroad Co. v. United States (1909) further solidified the corporate criminal liability doctrine by holding companies accountable for criminal acts performed within the scope of their employees' duties.
Abstract (English)
The article highlights the differences between the United States and the United Kingdom in regulating corporate misconduct. While the U.S. emphasizes comprehensive statutes like the Foreign Corrupt Practices Act (1977), the U.K. folloës a fragmented approach with Laws like the Corporate Manslaughter and Corporate Homicide Act (2007). Both jurisdictions underline the necessity of aligning organizational structure with legal compliance to prevent corporate crimes.
In Albania, corporate criminal liability is codified under Laws such as the Penal Code and the 2007 Act on Criminal Liability of Legal Entities. Liability arises when corporate structures fail to prevent crimes, reflecting organizational negligence. The dual criteria of acts committed "on behalf" and "for the benefit" of a corporation underpin the Albanian framework.
This study underscores the evolution of corporate liability from moral to organizational culpability, emphasizing its relevance in an increasingly interconnected and complex global economy. Through comparative analysis, it reveals the shared challenges and diverse solutions in addressing corporate misconduct across legal systems.
Files
Article 1, 2024, R. Rredhi.pdf
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(304.5 kB)
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