Die Strafbarkeit Juristischer Personen Im Volkerstrafrecht

The criminal liability of legal persons in international criminal law should be possible. The Legal persons are involved in crimes, but - as the history of international criminal law shows - it does not provide adequately instruments to impose sanctions on them. Also the examined national and intergovernmental alternatives beyond the criminal law are not able to satisfy the needs for an effective criminal liability. The author shows, that the liability of legal person as a general principle in international law exists. As a proof he examined i.a. 47 national legal systems. The compatibility of the criminal liability of legal persons with international criminal law is discussed and solved by the ability to act, the capacity for guilt, the punitive capability and by the problems of complementarity. In conclusion the author develops a model of criminal liability of legal persons - especially based on the identification doctrine - which is compatible with the Rome Statute.