Executive summary
The criminal responsibility of Legal Entities is increasing all over the world. Criminal justice systems increasingly include criminal sanctions against legal entities, while states that already have this criminal responsibility incorporated into their jurisdictions foresee introduction of a new legal provisions on the issue.
As the role and influence of legal entities in social and economic life is constantly increasing, this also increases the likelihood that criminal offences are committed by the responsible person of the legal entity, realizing benefit or causing damage to someone within the authorizations who performs them for the Legal Entity. Thus, the dynamics of the development of legal entities makes the responsible persons to commit criminal offences during their activity.
In this research, Justice Today will take a look at the concept of responsible person and legal entity, the concept of criminal responsibility for legal entities, the development of criminal proceedings of legal entities under Kosovo legislation, sanctions and security measures that may be imposed, as well as the practical aspect related to their prosecution.
The findings from 11 indictments filed by the Special Prosecution in Kosovo and the Basic Prosecution Offices (many of them for corruption cases), the failures of the State Prosecutor’s institution in these cases, as well as the consequences of not prosecuting legal entities in a timely manner.
At the end of the research, Justice Today for the purpose of institutional response has presented recommendations to the State Prosecutor and the Kosovo Prosecutions Council.
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