Suchergebnisse

This juridic inquiry aim at definition of model of penal responsibility (or para-penal) for corporation, trough a theoretical analyse of corporation's personality nature. I have developed a responsibility model, with the purpose of combining the theoretical coherence with an adequate generalization degree, for launch of harmonized rules to this matter in the EU. This purpose has run into certains difficulties, in particular it needed to: 1) converge criminologies reasons with contemporaries concepts concerning risk, precaution's and prevention's principles; 2) face the problem of State's legal person and his members responsibility; 3) to exceed deeps differences among nationals pragmatic systems and nationals systems most keen to doctrinal elaborations. In order to face this problems, i have operated a theoretical analyse of legals person's responsibility, for a better definition of aim of the research (Cap. I). Forwards(Cap. II) i have ahead in a construction of a legal person's model responsibility for the European Union, with a particular attention for a comparative analyse (Cap. III) of the systems assumed in certains europeans nations (Italian and France systems). The end result of this system is oriented to corporates responsibilities that, after the mass transfer of general interest from public service to privates services, corporates have to attend to relatives guarantees. Established the increase of social's insecurity level, i have produce a subjectif model of corporation's organisation incorporated to an engagement of security position, that exceed the traditional criterions of culpability.