Publication details
Společné trestní řízení proti obviněné fyzické a právnické osobě a právo na spravedlivý proces
| Title in English | Joint criminal proceedings against an accused natural and legal person and the right to a fair trial |
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| Authors | |
| Year of publication | 2018 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The police body must decide immediately, pursuant to the § 160 of the Code of Criminal Procedure, if the circumstances found out during verifying according to § 158 of the Code of Criminal Procedure that a criminal offense has been committed and, if there is a conviction that a criminal offense has been committed by a specific person, to commence criminal prosecution of person as the defendant, if there is no reason to proceed according to others, in the Code of Criminal Procedure selected provisions. According to the § 31 para. 3 of the Act on the Criminal Liability of Legal Entities are the acts of joint criminal proceedings against a natural person and a legal entity, if they are to be carried out in relation to both of these persons, usually carried out first in relation to a natural person. The commentary of the given provision is defending this provision by the fact that it can be used in particular in the situation, in which the natural person could find out the act treated against the legal entity and later frustrate this act or its purpose. There can be no doubt that this assertion can be accepted, however, the conduct of criminal proceedings against a legal entity as second in rank, or even the commencement of joint proceedings against the accused natural and legal entity only after a natural person has been prosecuted for a certain period of time, where the evidence used against the natural person is very often used against a legal entity, which causes interference to the right to a fair trial enshrined in the Article 36 of the Charter, which undoubtedly belongs to a legal entity too. |
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