Application of the criminal-law measures against legal entities in the Republic of Lithuania

Abstract

The aim of this paper is to introduce with a novelty of the Criminal Code of the Republic of Lithuania (hereinafter refer to as, «the CC») - the institute of a criminal liability of a legal entity and shortly overview its evolution in the Republic of Lithuania. The new CC was adopted on 26 of September 2000 and entered into force from I May 2003. Up till this data old criminal code of 1961 with changes and supplements was in force. Old CC of 1961 contain only one subject of a criminal liability - a natural person. Another type of a subject for a criminal liability - a legal entity was terra incognita for officials of law enforcements agencies, judges, prosecutors, defense lawyers. The institute of a criminal liability of a legal entity was firstly introduced in the Western countries. The Republic of Lithuania incorporated a criminal liability of a legal entity into a national law through legally binding and not legally binding international legal acts such as: Conventions, recommendations etc. For example; - Article 5 of the International Convention for the Suppression of the Financing of Terrorism signed on 9 December 1999 (ratified by the Seimas by Law No. IX-1216 of 3 December 2002); - Article 10 of the United Nations Convention against Transnational Organized Crime signed on 13 December 2000 in Palermo (ratified by the Seimas by Law No. IX-794 of 19 March 2002); - Article 18 titled «Corporate Liability» of the Criminal LawConvention against Corruption signed by the Member States of the Council of Europe and other states on 27 January 1999 in Strasbourg (ratified by the Seimas by Law No. IX-736 of 25 January 2002); [...]