Criminal Liability of Legal Entities Subject to Public Law - a Comparative Study

Abstract

While private legal entities are criminally liable under all legal systems, this is not the case for public legal entities, which remain criminally immune, except in certain countries. Consequently, the administration is responsible for meeting the needs of citizens through the management of public services; however, this administrative activity can cause harm, which may give rise to its legal liability in all its aspects. The central question of this article is: to what extent can a public legal entity be held criminally liable? This question will be explored as follows: the irresponsibility of public legal entities under Algerian criminal law; and the liability of public legal entities under French criminal law.