Abstract:
A legal person or juristic person is a person according to the law but it esists by virtue of legal provisions, having rights and duties as provided by law within the scope of its object as defined in the regulation or constitutive law and having a status independent from natural persons forming it. There are two theories concerning a criminal liability of a legal person. According to the first theory, a legal person is not criminally liable because it has no body, spirit by its nature. It is unable to commit any act or express its own intention. Furthermore, some kinds of punishment cannot be applied o a legal person, i.e. death penalty, imprisonment and confinement. According to another theory, a legal person can be criminally liable because its status has been recognized by law and it can express its own intention or commit ay act through its representation. Furthermore, some kinds of punishment such as fine and forfeiture of property can still be applied to it. Therefore, if a legal person is not criminally liable, it may be used to procure some advantages not entitled by law. Criminal liability of legal person has been found in Thai law since the application of the first Penal Code of B.E. 2451. The common-law theory of alter ego stating that act and intention of a legal persons representative are those of such legal person itself has long been accepted. Therefore a legal person can express criminal intent as decided by the Thai Supreme Court in its decision no. 787-788/2506 (en banc) that considering from nature of each offense, circumstance and powers of its representative together with the scope of its object as registered or provided in the constitutive law, a legal person can express its criminal intent. Having criminal intent, a legal person must therefore be criminal liable to the same extent as a natural person (except those crimes which, be reason of their nature, may be committed only by a natural person). In some cases, a legal person and a natural person may commit an offense together by being principal, instigator or supporter. We cannot strictly describe what type of offense which can be committed by a legal person because it depends on nature of each offense and circumstance. However, the Supreme Court ever punished legal persons for the crimes of violation of registered trade mark, false document, fraud, trade, misapplication of checks, petty offences of section 368 etc. With respect to the punishment, a legal person is punishable as provided by law according to possible nature of each offence. However, some other measures may be imposed together with appropriate criminal punishment, i.e. dissolution, suspense of license etc.