Publication details
Účinná lítost u právnické osoby
| Title in English | Effective remorse of the criminal liability of a legal entity |
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| Authors | |
| Year of publication | 2021 |
| Type | Article in Proceedings |
| Conference | Cofola 2021: část 3 |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | criminal liability of legal entities; termination of criminal liability; effective regret; limitation of criminal liability; limitation; limitation period |
| Description | Although the issue of criminal liability of legal entities is no longer a novelty in the Czech legal system (Act No. 418/2011 Coll., On criminal liability of legal entities and proceedings against them, as amended (hereinafter "TOPO"), has been effective since 01.01.2012, i.e. almost a whole decade), it is undoubtedly beneficial to draw attention to the "historically" known criminal law institutes, which, however, in the light of the legal regulation of criminal liability of legal entities undergo certain specifics or chang-es, or which may, with regard to the fictitious nature of legal entities and the specifics associated with it, cause problems of interpretation or application. Two such institutes, which can be classified under the institutes mentioned in the previous paragraph, are effective remorse and limitation of criminal liability. Both in-stitutes are primarily regulated in Act No. 40/2009 Coll., The Criminal Code, as amended (hereinafter referred to as “criminal code” or "TZ"), however, a partial "addi-tional" regulation in relation to legal entities is found in the TOPO, which is in relation to TZ by a special legal regulation. The present paper aims to analyse the institutes of effective remorse and limitation of criminal liability in general (static aspect of criminal law) and then focus on the specif-ics of these institutes, if the perpetrator is a legal entity (dynamic aspect of criminal law). This paper will not deal with the issue of the limitation of punishment execution. |
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