APPLICATION OF ARTICLES OF INCLUSION IN CORRUPTION CRIMES PERFORMED BY CORPORATIONS AND MANAGEMENT

Abstract

Corporations can be held accountable for committing criminal acts of corruption together with their management, but in theory corporations cannot be subject to an inclusion article because there is no uniformity from legal experts regarding the teachings of participation which according to the Criminal Code can only be imposed on humans, not corporations. The teaching of participation according to the Criminal Code must meet two conditions, namely the existence of a recognized cooperation and the existence of a direct form of action in committing a crime. This teaching can only be applied to humans and has not yet reached corporate actions, while the development of the economy and society, corporate crime was born as a new mode of committing criminal acts of corruption, while on the other hand the existing regulations both concerning procedural law are very limited in discussing corporations while on the other hand The application of the principle of inclusion to corporations is very necessary because corporations can only carry out legal actions which are reflected in the actions of their management. Corporations do not have a heart, but the heart of the management is a reflection of the heart of the corporation. Corporations cannot commit direct criminal acts. To fill the legal vacuum, the doctrine of participation in corporations can be imposed by looking at the existence of cooperation that does not have to be realized without any mistakes and the form of the implementation of the act is not only an offense but includes the offense of not doing because the corporation benefits from the actions of the management committing a criminal act of corruption