ISSUES OF MITIGATION OF PUNISHMENT FOR LEGAL ENTITIES IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES
Keywords:
mitigating circumstances, aggravating circumstances, corporate criminal liability, negligence, attempt, fine, necessity, complicity, exemption from criminal liability, recidivismAbstract
This article analyzes the issues of mitigating punishments for legal entities in the criminal law of foreign countries. It includes the circumstances considered when sentencing legal entities, particularly mitigating circumstances, and sentencing for crimes committed intentionally, negligently, and repeatedly. It also addresses the issue of exempting legal entities from criminal liability. Additionally, the research results section of this article studied the mitigation of punishments for legal entities in the criminal law of several foreign countries, including member states of the Commonwealth of Independent States, specifically the Republic of Azerbaijan, the Republic of Armenia, the Republic of Moldova, Ukraine, Georgia, the Republic of Chile, the Federal Republic of Nigeria, the United States of America, the Republic of Austria, the Republic of Serbia, the Kingdom of Norway, Romania, the Kingdom of Spain, and the Republic of Slovenia. Particular attention is paid to the list of mitigating and aggravating circumstances considered as general bases for sentencing, especially in the imposition of fines, which is one of the main forms of punishment for legal entities. Then, in analyzing the results of the study and the final part of the article, the final comments on the norms found in the criminal law of the countries listed above are presented.