Lawyer, after the company was declared bankrupt, it disposed of its own property without authorization. As a legal representative, could my friend face criminal liability?

Question: Lawyer, after the company was declared bankrupt, it disposed of its own property without authorization. As a legal representative, could my friend face criminal liability?

Answer: Scout Legal Online Consulting will answer your questions.

The maximum criminal liability of a legal representative is life imprisonment.

Legal basis for the criminal liability of legal persons: According to the requirements of the principle of legality of crime and punishment, it is necessary to determine whether the behavior of a legal person constitutes a crime in accordance with the provisions of the criminal law. Only when the criminal facts of a legal person comply with the provisions of the criminal law can it be possible to hold the legal person criminally responsible. Whether a legal person's criminal liability can be realized is also the key to whether a legal person can be recognized as a subject of criminal liability. So can criminal legal persons be punished, that is, is it possible to realize the criminal liability of legal persons? The answer is yes, because legal persons are criminally liable. Although the legal person's articles of association clearly stipulate the scope of business activities of the legal person, it is entirely possible for the legal person to engage in activities that are contrary to the provisions of the articles of association or even engage in criminal activities for its own benefit.

According to the provisions of the criminal law, a person with criminal responsibility shall bear the criminal legal consequences if he commits an act prohibited by the criminal law; similarly, a legal person has the ability to be criminally responsible and shall bear the criminal legal consequences if he commits an act prohibited by the criminal law. The consequences, that is to say, the criminal liability of the legal person is likely to be realized. The legal basis here requires that the criminal behavior of a legal person must comply with all the elements stipulated in the criminal law, that is, whether the behavior of a legal person is a crime shall be measured by the criminal law.