Economic and Social Preconditions for Corporate Criminal Liability

Abstract

This article considers the influence of economic processes on criminal law. Economic development leads to the fact that a legal entity becomes the main participant of the market relations. As a result, due to market economy it receives more freedom and independence in decision-making process. The financial crisis, also resulted in social changes, provoked companies into taking cost cutting measures which, in their turn, quite often border on crimes. Following the policy of cost cutting measures, companies are not oftentimes conscious of its possible negative consequences. For instance, saving money on installing pollution control technology can have dramatic effect. Criminal liability of corporations has become one of the most debated topics not only in Russia but also in countries that represent different legal families. Thus, to resolve the issue of corporate criminal liability it is necessary to take into account not only theoretical questions (such as to what extent is the basis of Russian criminal law, where the offender is recognized individual, touched upon; should we focus on the legislation of other countries and consider it more progressive) but also practical ones (whether to impose responsibility on a legal entity or an individual; what kind of punishment is more effective etc.).