Criminal Liability for Legal Person between Reality and Expectations: A Comparative Study between Kuwaiti and French Legislation
Dr. Adel Ali Al-Manea
Associate Professor of Criminal Law
College of Law, University of Kuwait
Abstract:
Despite the desire of the Kuwaiti legislator to establish the legal person’s criminal responsibility, which he evidenced in more than one place in his various legislations, the time has not yet come when we see the regulation of that responsibility, through an integrated system established in general texts, that is replaced by the Penal Code. This would raise questions about the nature of the criminal responsibility of the legal person, which the legislator agreed to establish in special texts. Therefore, research on the recognition of that responsibility was a necessary requirement, through which the researcher reflects the reality of the Kuwaiti legislator and the problems he carries, and then proposes solutions through which he hopes to regulate this responsibility, using the situation of the French legislator, as it is one of the options that would provide assistance. Accordingly, the offer came through three demands. The first demand specified the basis of the criminal liability of the legal person. In the second requirement, the legislator explained who the legal persons are criminally responsible. In the third, he explained the effect of establishing that responsibility, whether from a procedural perspective or from a criminal perspective.
Keywords: legal personality, penal law, moral element of the crime, and criminal protection.