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The criminal liability of legal persons

Publication at Faculty of Law |
2011

Abstract

This paper deals with the definition of criminal liability of legal persons, which is mentioned in the proposal as the true expression of the criminal fact that the law must allow for effective sanctioning infringements corporations, ie entities that influence and control most aspects of life. When defining the criminal responsibility of legal persons based on the definition contained in the EU framework decisions and directives EC / EU legal entity that identically defined as "any entity that is a legal entity according to national law, except for States or other public bodies exercising public authority and public international organizations. "Therefore, the proposal explicitly excludes criminal liability of the State - the Czech Republic and local governments (municipalities, higher self-governing territorial units - regions), but only for those in the exercise of public authority.