earticle

영어

The enterprise as the main body of crime has been studied adequate until now. But studies about the nature of enterprise as a victim have so far been rare. This article shows that enterprise are capable of being the main body of the benefit and protection of the law, as well as victim. There is no essential difference between the two conceptions, one is the approach favoring a direct punishment of the enterprise with detailed criminal law, the other is approach focusing on a unique quality of an organization. It is possible for a enterprise to do actus reus by oneself via a natural person, to have a unique quality as a victim that is based on the control liability. In other words, the enterprise not only can independently do acts and but also possess an intention. And it can take form its own organizational culture which is being connected with future generations. Finally, enterprise can have the nature of the victim by secondary and third victimizations.