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Silvia Van Dyck published in T.R.V. periodical
Laga fraud and white-collar crime specialist, Silvia Van Dyck, was recently published by Belgian legal periodical Tijdschrift voor rechtspersoon en vennootschap (08/8). She co-authored a study of corporate criminal law with Vanessa Franssen.
Since 1999, corporations and other legal entities can be held criminally responsible for their conduct. Almost a decade after its implementation, this important modification in the field of corporate criminal law is now completely integrated in jurisprudence, where corporations are criminally prosecuted and convicted on a daily basis.
In their article (published by TRV in two parts), Silvia Van Dyck and Vanessa Franssen combine an overview of the jurisprudence (published as well as non-published) and legal theory regarding the subject with a critical analysis of the multiple problems occurring in this relatively new chapter of corporate criminal law.
Their study begins by revealing the limits of this legislation (which corporations and legal entities can be held criminally responsible?) as well as the conditions under which a crime can be attributed to a corporation or legal entity (when can they be held criminally responsible?). A second part of their study (to be published in TRV 09/1) focuses on the position of physical persons within the (potentially) criminally responsible legal entity, the representation of a legal entity before the court and the criminal sanctions which corporations and legal entities may face.
For more information about this publication click here.
