The Criminal Liability of Legal Entities in Portugal

The article examines the provisions of the Criminal Code of Portugal providing for the criminal liability of legal entities. It is noted that in Portugal there is the so-called selective criminalization, when initially the law defines the crimes for which criminal liability of individuals is provided, and then within the framework of the existing list of crimes it is established for which of them criminal liability of legal entities is possible. The article provides for the crimes provided for by the Criminal Code of Portugal for which it is possible to bring legal entities to criminal liability. It provides a brief description of the general conditions for bringing legal entities to criminal liability, as well as special conditions supplementing the general ones, in the presence of which it is possible to bring legal entities to criminal liability for certain crimes. It is indicated that in Portugal there is a provision for the continuity of criminal liability of legal entities, when in the event of division or accession of a legal entity subject to criminal liability, the subject of such liability is recognized as a legal entity formed as a result of the division, or with which the merger occurred.

Authors

Publication Details

Journal
Russian investigator
Published
2024-12-12
DOI
https://doi.org/10.18572/1812-3783-2024-12-61-66
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
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article

The Criminal Liability of Legal Entities in Portugal

Aleksandr V. Fedorov
Russian investigator
European Criminal Justice and Data Protection
article

The Criminal Liability of Legal Entities in Portugal

Aleksandr V. Fedorov
article en

Abstract

The article examines the provisions of the Criminal Code of Portugal providing for the criminal liability of legal entities. It is noted that in Portugal there is the so-called selective criminalization, when initially the law defines the crimes for which criminal liability of individuals is provided, and then within the framework of the existing list of crimes it is established for which of them criminal liability of legal entities is possible. The article provides for the crimes provided for by the Criminal Code of Portugal for which it is possible to bring legal entities to criminal liability. It provides a brief description of the general conditions for bringing legal entities to criminal liability, as well as special conditions supplementing the general ones, in the presence of which it is possible to bring legal entities to criminal liability for certain crimes. It is indicated that in Portugal there is a provision for the continuity of criminal liability of legal entities, when in the event of division or accession of a legal entity subject to criminal liability, the subject of such liability is recognized as a legal entity formed as a result of the division, or with which the merger occurred.

Russian investigator
Openalex Percentile: Top 56%
European Criminal Justice and Data Protection
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