Legal Persons as Subjects to Administrative Liability under the Administrative Offences and Penalties Law and Civil Confiscation under the Law of Divestment in Favour of the State of Illegal Property (LDFSPACAC

Authors:

Pages: 38-48

Abstract:

The article examines the administrative liability and civil confiscation of assets of legal persons according to the law of Republic of Bulgaria. More specifically, a parallel is drawn between the two main acts of Parliament – Administrative Offences and Penalties Law and Law of Divestment in Favour of the State of Illegal Property (Law of Divestment in Favour of the State of Property Acquired from Criminal Activity). The positive and negatives aspects of the articles of the two laws are commented. The author studies the different regimes of the legal person’s property liability according to the legal systems of particular EU member-states as well as of the U.S.A. Conclusions are drawn and suggestions made de lege ferenda for improving the practical side of the legal base.

Keywords:

administrative liability of legal persons; criminal liability of legal persons; civil confiscation of assets acquired of legal persons.

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