Subjects of Misdemeanour Responsibility Under Serbian Law

Abstract

In the Republic of Serbia, misdemeanour law is considered to be a part of penal law, alongside criminal law and the law of economic offences. Its general part and the rules of procedure are regulated by the Law on Misdemeanours, which was enacted in 2013, while the special part
is contained in various laws and bylaws. Subjects of misdemeanour responsibility can be grouped into two categories: natural persons in the broader sense (a natural person, entrepreneur, responsible person within a legal
person and within a state authority, an authority of territorial autonomy or within the authority of local self-government) and legal persons. A natural person is liable for a misdemeanour for which the fault is attributable to the person because he/she was mentally competent and the misdemeanour was committed with premeditation or negligently, and was aware or should and could have been aware that the action was prohibited (Art. 18, para. 1). The responsibility of natural persons is therefore subjective and presupposes fault. On the other hand, the responsibility
of a legal person is considered to be objective. The Law on Misdemeanours regulates two types of penal responsibility of legal entities: one is based on the findings of the identification doctrine, and the legal entity is responsible for the acts and omissions of the agent controlling corporate activities; the second is a form of autonomous liability which rests on the organizational flaws of the company itself. In this paper, the author analyses the grounds and conditions of penal responsibility of all the above-mentioned subjects. The author presents the legal solutions of the Law on Misdemeanours, the main doctrinal views on this matter, and the most relevant decisions of domestic
courts.