Publication details
Pobočný spolek v českém právním řádu a jeho trestní odpovědnost
| Title in English | Subsidiary association in the Czech legal order and its criminal liability |
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| Authors | |
| Year of publication | 2019 |
| Type | Article in Proceedings |
| Conference | Sborník konference Cofola 2019 |
| MU Faculty or unit | |
| Citation | |
| web | http://cofola.law.muni.cz/content/cs/ |
| Keywords | association; subsidiary association; derived legal capacity; criminal liability of legal entities |
| Description | Criminal law is a legal branch which is definitely not used as “first in rank” thanks to its subsidiary substance. It is applied in accordance with the principle ultima ratio when other legal branches are no longer sufficient. From the above mentioned is apparent that the criminal law is not a legal branch working separately and on other legal branches independently. The Czech Republic belonged among countries not knowing criminal liability of legal entities and fully respecting the principle of societas delinquere non potest up until very recently. The criminal liability of legal entities was incorporated into the Czech law via Act No. 418/2011 Coll. on the criminal liability of legal entities and proceedings against them as amended (further as ZTPO), valid from 27th October 2011 and with effect from 1st January 2012. The ZTPO anchors the criminal liability of all legal entities (there can be seen the intersection with different legal branch - civil law which deals with the question of an origin and an existence of legal entity) with the exception of the Czech Republic and local self-governing entities while exercising public authority. In order to talk about the criminal liability of a subsidiary association, it is first necessary to come out of civil standards that regulate the establishment, the origin and the existence of the subsidiary association. We would not be able to define and grasp the subsidiary association without civil standards at all, therefore, it would not be possible to state, whether the subsidiary association is criminally liable per se, whether it is possible to punish it in the same way as every other legal entity and whether it is, in case of punishing the subsidiary association, an important attribute that its legal capacity is derived from the legal capacity of the association. |
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