CEU Electronic Theses and Dissertations, 2018
| Author | Drljevic, Mila |
|---|---|
| Title | Responsible Corporate Officer Doctrine - Can Serbia learn from the Expereience Of The United States? |
| Summary | In general, this thesis focuses on strict criminal liability of high corporate executives, established under principles of responsible corporate officer doctrine (RCO doctrine) in US legal system. More specifically, through comparative method, it examines grounds for, and possible benefits of application of the doctrine, in Serbian legal system. Under US law, corporate criminal liability is based on the respondeat superior doctrine, meaning that it will be liable for criminal actions of its employees and agents, undertaken for benefits of corporation and within the scope of their employment. As an exception to this general rule, the RCO doctrine justifies imposing criminal liability to the corporate officers even not personally participated in wrongful transaction or aware of the wrongdoing, simply holding them liable on the basis of their responsible position in legal entity, and power to prevent wrongdoing. On the other hand, Serbian law establishes criminal liability of legal entities exclusively on culpability of their responsible persons. This means that corporation will be held liable if, on one hand, responsible person actively participates in criminal activity or, on another, omits to exercise due supervision over his subordinates. Having in mind open grounds for abuses, and unjustified consequences of impossibility to hold corporation liable if omission of supervision has not been proved, but actions were still committed for the benefit of corporation, this thesis aims to show that in order to prevent all negative consequences that this scenario could cause, introducing of strict criminal liability for corporate officer under RCO doctrine, would be – an appropriate solution. |
| Supervisor | Lawrence Charles Jessica |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2018/drljevic_mila.pdf |
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