Publication details
Nad § 8 odst. 5 TOPOZ aneb co lze po právnické osobě (nově) spravedlivě požadovat
| Title in English | On Section 8 par. 5 of TOPOZ or what can be (newly) righteously demanded from legal entity |
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| Authors | |
| Year of publication | 2017 |
| Type | Article in Proceedings |
| Conference | Dny práva 2016 - Days of Law 2016. |
| MU Faculty or unit | |
| Citation | |
| Keywords | Criminal Liability; Legal Entity; Qualified Person; Expiration of Criminal Liability; Effort That Could Have Been Righteously Demanded |
| Description | The phenomenon of corporate criminal liability (a. k. a. criminal liability of legal entities) gradually made its way to legislation of many European countries. Therefore, recent era can be described as period of establishing of this institute. It is understandable that current trend in this area is focused at specification of conditions of this type of criminal liability. On the other hand, situation in the Czech Republic differs because attempts to undermine or at least restrict application of this institute are more frequent. These actions finally led to the fact that statutory amendment no. 183/2016 Coll., to Act on Criminal Liability of Legal Entities and Proceedings Against Them introduced novelization of Section 8 which represents the heart of the Act (constitutes concept of imputability of unlawful act to legal entity). The core of newly adopted law allows criminal liability of legal entity to expire when it is proved that such legal entity put all effort that could have been righteously demanded from it to prevent committing of unlawful action by persons stated by Section 8 par. 1 TOPOZ. This newly presented condition that leads to expiration of criminal liability of legal entity is subjected to critical analysis. |
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