Liability of legal persons for offences in the EU IRCP-series, vol. 44

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Over het boekDiscussions on the possibility to attribute liability to legal persons for committing offences are far from new. The EU landscape however is scattered. Although there are obligations for the member states to introduce liability for legal persons committing offences, diversity remains as to the offences that may trigger liability, the legal persons that may be held liable, the attribution theories and mechanisms used, the type of liability, which may be either penal, administrative or civil, and the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to IRCP. The results thereof are published in this book.Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy amongst others to reconsider the concept of a legal person and to look into the need for specific legal person-offences, the functioning of mutual recognition amongst others to extend the current mutual recognition instrumentarium, the exchange of information amongst others to develop a criminal records policy and procedural safeguards amongst others to secure equivalent protection outside a criminal liability context.In other words, a helicopter view is taken to ensure consistent EU policy making.This book is essential reading for both EU and national policy makers as well as for researchers and practitioners involved.Uit de inhoudTable of contentsMore about IRCP-series