Summary

The punishability of enterprises is an issue widely discussed in the German legal literature. There is no doubt as to the need to provide for the possibility to impose criminal sanctions on enterprises. However, the question is whether and to what extent the imposition of sanctions on enterprises conflicts with the general principles of the penal law doctrine. The author points out several problems arising in connection with the punishability of enterprises. Issues concerning guilt capacity and effects of sanctions have become particularly topical at present.
As a result of analysing individual preconditions for imposing sanctions, the author states that the legal political reasons justifying sanctions for enterprises are not valid since, even if sanctions are imposed on an enterprise, it is necessary to establish, in each individual case, the act committed by an employee of the enterprise and to show intent and negligence on the part of the person. Further, based on the principle of double punishment prohibition, penalties should be imposed on a legal person rather than on an enterprise.
The author points out that similar problems will also be faced by the Estonian draft Penal Code which provides for the possibility to apply criminal liability in respect of legal persons.