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The Draft “RA Judicial and Legal Reform Strategy 2019-2023” proposes to establish Criminal Liability for Legal Entities

06.09.2019

On 26 August, 2019, the draft decision of the Government of the Republic of Armenia “On Approval of the Strategy of the Judicial and Legal Reforms of the Republic of Armenia 2019-2023 and its Action Plans” was published on the e-draft unified website for publication of legal Acts’ Drafts.

The Draft “RA Judicial and Legal Reform Strategy 2019-2023” proposes to establish criminal liability for legal entities.

Under the current Criminal Code, when a legal entity is not considered to be a subject of criminal law, it is not possible to ensure the principle of inevitability of liability in a number of cases. In particular, when the public relations protected by the Criminal Code are harmed for the benefit of the legal person, including when it is not possible to identify the person causing the harm.

Another case is when the damage is caused as a result of lack of internal control within the organization and the lack of mechanisms to prevent its employees from committing crimes. As a rule, the damage caused by legal entities is several times higher than the damage caused by natural persons, which should receive an adequate criminal and legal response. Therefore, criminal law requires the introduction of the institute of legal responsibility of legal entities.

 

 

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