ABSTRACT
Studying the consequences of the general principle of criminal
liability of legal persons necessarily means analyzing the causal relationship
between its consecration, and various issues and characters involved. But,
beyond this causal relationship, it is above all a question of analyzing the
various normative requirements it imposes. One is therefore justified in
wondering whether the Cameroonian legislature has considered all the
implications of the codification of the criminal responsibility of legal
persons.
At the end of the analysis, it emerges that the legislature
has considered only some of these implications and ignored others. It is
regrettable that in his approach, it has limited itself to drawing the
substantive consequences while completely ignoring the procedural implications.
The 2016 legislator has also been embarrassed by the definitions developed in
other branches of law such as that of legal personality.
In the post-modern era, some criminal systems have not
hesitated to depart from classical concepts such as the personality of
punishment by admitting the transmission of criminal liability from the
absorbed legal person to the absorbing legal person of the one hand. And on the
other hand, to extend the notion of legal person to groups which do not have
this status in other branches of the Law. The Cameroonian legislator has
remained attached to these classical concepts, which raises the problem of
impunity in the absence of legal personality. In the absence of a total break
with the principle of personality, Cameroonian criminal law would benefit from
moving away from the civilist conception of the concept of legal personality,
and from considering mechanisms for direct and indirect imputation of offenses
against the legal person as two compatible and cumulative systems. It should
also set up specific procedural mechanisms applicable to the delinquent legal
person. To counter the instrumentalization of merger-spin-off operations
defeating criminal proceedings, the public prosecutor based on consequential
offenses, may prosecute the absorbing company under the qualification of
receiving stolen goods or money laundering, such so that criminal law is
intended to apply even in the case of an offense committed by a legal person
which no longer exists.
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SOMMAIRE
INTRODUCTION GÉNÉRALE 1
PREMIÈRE PARTIE : LES CONSÉQUENCES DU
PRINCIPE GÉNÉRAL DE RESPONSABILITÉ PÉNALE DES
PERSONNES MORALES PRÉVUES PAR LE
LÉGISLATEUR 14
CHAPITRE I : UNE OBLIGATION DE SUBIR LA RÉPRESSION
REVIGORÉE. 16
Section 1 : Une vigueur découlant de la
précision des conditions de la responsabilité
pénale
des personnes morales 17
Section 2 : Une vigueur renforcée par
l'amélioration du régime de la sanction pénale des
personnes morales 34
CONCLUSION CHAPITRE I : 46
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