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Possibilities of alternative resolutions of criminal cases of legal entities

Publication at Faculty of Law |
2021

Abstract

At first, the contribution deals with a brief reflection on the purpose of the Act on Criminal Liability of Legal Entities and Proceedings Against Them after more than ten years of its effectiveness. The following part deals with possible criminal and non-criminal consequences for the convicted legal person.

The author pleads for wider use of diversions in criminal proceedings against legal persons, which would be appropriate de lege ferenda. Specifically, the author proposes, for example, to implement a conditional cessation of criminal prosecution after the payment of a significant financial amount into the state budget or real supervision of the activities of a legal entity accompanied by proof of corrective measures in the form of a compliance program and effective compensation to the aggrieved parties.