腐败犯罪行为中的有限公司实益所有人责任

Fernando
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引用次数: 0

摘要

腐败犯罪可以通过成立有限责任公司来实施,其明确目的是实施腐败犯罪,然后伪装或伪装犯罪所得以获取利润。正如经合组织(OECD)、金融行动特别工作组(FATF)和20国集团(G20)等国际机构后来认定的那样,LLC被所谓的受益所有人使用。确定有限责任公司非法行为责任的受益所有人不是一件容易的事,但也不是不可能。本研究的目的是评估受益所有权制度是如何在国际和地方实施的,以及如何让受益所有人对有限责任公司犯下的所有犯罪活动负责。研究人员使用基于法定、案例相关和概念方法的规范研究方法定性地识别和检查困难。本研究的结论是,经合组织示范条约、FATF指南和G20高级别原则都包含确定国际组织受益所有人的规定。在印度尼西亚,它已被纳入若干法律,包括《投资法》、《有限责任公司法》、《一般规定和税收程序法》,以及《OJK条例》、《总统令》和《法律与人权部长条例》。为了回答有限责任公司的受益所有人的腐败行为,有限责任公司必须首先被确定为嫌疑人/被告,以便执法人员可以调查和扣押资产。一旦这项工作完成,检察机关就可以使用反货币手段逮捕这些肇事者
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Limited Company Beneficial Owner Liability in Criminal Acts of Corruption
Corruption crimes can be committed by forming LLCs for the express purpose of commissioning corruption crimes and then disguising or disguising the proceeds of such crimes for profit. As was later determined by international bodies such as the OECD, the FATF and the G20, LLC was used by the so-called beneficial owner. Determining the beneficial owner of an LLC's liability for illegal conduct is not an easy task, but it is not impossible. The purpose of this study was to assess how beneficial ownership systems are implemented both internationally and locally, and how the beneficial owner should be held accountable for all criminal activity committed by the LLC. The researcher identifies and examines the difficulties qualitatively using a normative research approach based on statutory, case-related and conceptual approaches. This study concluded that the OECD Model Treaty, the FATF Guidelines and the G20 High Level Principles all contain a provision to determine the beneficial owners of international organizations. In Indonesia, it has been incorporated into several laws, including the Investment, Limited Liability Companies, and General Provisions and Tax Procedures Acts, as well as OJK Regulations, Presidential Decree, and the Minister of Law and Human Rights Regulations. To answer the beneficial owner of an LLC for a corrupt act, the LLC must first be identified as a suspect/accused so law enforcement officers can investigate and seize assets. Once this has been completed, the prosecution can arrest these perpetrators using the means of the antimoney
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