To the Issue of Coercive Measures Applicable to Legal Persons in Latvia
Pavel N. Biriukov a
a Voronezh State University, Russian Federation
The article deals with the coercive measures applicable to legal persons in Latvia. A number of national instruments, which measured criminal liability of legal persons, is given. In particular, it analyzes the provisions of the Criminal Code and Criminal Procedure Code of Latvia. The main attention is paid to the description of the existing types of coercive measures and to the order of their using.
Keywords: Latvia; Criminal Code of Latvia; Criminal Procedure Code of Latvia; legal entities; criminal liability of legal persons; coercive measures applicable to legal persons
The basis for the use of coercive measures to legal entities in Latvia are the provisions of the Criminal Law of Latvia (hereinafter - the Criminal Code, CC) (Cazorla, 2013: 661). According to Article 12 of the CC, the person who committed the crime, acting in the interests of the legal entity of private law (Verdross, 1937), because of lack of supervision or control by a legal entity should be prosecuted. That is interesting to note that according to Part. 1, Article 3 of the Criminal Code in cases expressly provided by law, a person can be convicted of a crime and punished also by a prosecutor who makes an injunction.
2. Materials and methods
2.1. The main sources for writing this article became the official documents of the EU and Latvia, materials of the journal publications and archives.
2.2. The study used the basic methods of cognition: the problem-chronological, historical and situational, systemic and the method of comparative law. Author's arguments are based on problem-chronological approach. The use of historical and situational method allows to reproduce assessment approach to the problem of the Latvian criminal liability of legal entities. Method of comparative law defines the difference in views on actual international legal and domestic rules on corporate liability. A systematic method does achieve a variety of disciplines (criminal law, criminal procedure, international law) accessible and comparable, as present is determined by the past and the future - by the present and the past.
Hence, the provisions of the Latvian legislation could bring legal persons to criminal liability that meets the requirements of international law. Latvia's experience in this area is subject to careful study, as in the Russian Federation there is no criminal liability of legal entities.
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