Publication details

Nutná obhajoba a právnická osoba - vše jasné?

Title in English Obligatory Defence And Legal Entity - All Clear?
Authors

ČEP David

Year of publication 2017
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
Description Section § 35 par. 2 of Act No. 418/2011 Coll., on Criminal Liability of Legal Entities And Proceedings Against Them, as amended, excludes application of provisions of Code of Criminal Proceedure that governs obligatory defence in case of criminal proceedings against legal entity. Thus in cases when obligatory defence is necessary - if we consider natural persons - this institute is inapplicable towards legal entities. Hand in hand with this general rule comes a question whether this regulation is truly justified or not. If the answer is "not" than another question comes to play and that is in what cases we should provide obligatory defence to legal entities in order to secure their right to defence as a whole.
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