Corporate Criminal Responsibility in Corruption Criminal Act

The form of corporate criminal liability in corruption acts is based on: 1) Errors such as intentional or corporate negligence; 2) The ability to be responsible for corporations in terms of actus reus and men's rea from the directing minds identified as actus reus and men's rea from corporations; 3) The absence of a reason for criminal abolition (strafuitslutingsgronden) in the form of no reason for forgiveness and justification from the corporate mind directing causes the corporation to not have a reason for criminal abolition. The application of corporate criminal liability in criminal acts of corruption in corporate cases as the responsible maker and board, it is confirmed that the corporation is 'possible' as the maker. The board is appointed as responsible; what is deemed to be done by the corporation is an act carried out by the corporate equipment according to the authority based on its articles of association. The nature of the act that makes the crime is onpersoonlijk, that is, the person who leads the corporation is liable to criminal liability, regardless of his knowledge of the act. This is in accordance with the thinking based on Article 20 section (2) of the Law on the Eradication of Corruption Crime which regulates that a criminal act of corruption is committed by a corporation if the criminal act is: 1) Conducted by people either based on work relationship or based on other relationships; 2) Acting in the corporate environment both individually and jointly. . Criminal liability can be charged to the corporation, so the punishment that can be applied is criminal prosecution which is in accordance with the provisions in article 20 section (7) of the UUPTK. In addition, the corporation can be subject to additional crimes as stipulated in article 18 section (1) and section (2).