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The criminal responsibility of associations under Austrian Law

The Austrian Act of Corporate Criminal Liability came into force on January 1, 2006.
Since then, associations can be penalized for judicially criminal acts of their decisionmakers and / or employees. A criminal liability of the association presupposes that
the offense was committed in favor of the association and, that the criminal offense
violates the duties determined by the association (association duties).
In the case of a violation against the VbVG, the court will impose an association fine,
which depends on the annual yield of the association. In addition, an instruction can
be issued for compensation for damage.
In 2018 there were counted 341 preliminary investigations against associations, of
which only 28 resulted in an indictment. Only in five cases, there was a conviction,
and an association fine was imposed.

Identiferoai:union.ndltd.org:DRESDEN/oai:qucosa:de:qucosa:72842
Date20 November 2020
CreatorsCaspar-Bures, Bettina
PublisherUniversität Leipzig, University of Miami
Source SetsHochschulschriftenserver (HSSS) der SLUB Dresden
LanguageEnglish
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/publishedVersion, doc-type:article, info:eu-repo/semantics/article, doc-type:Text
Rightsinfo:eu-repo/semantics/openAccess
Relationurn:nbn:de:bsz:15-qucosa2-728409, qucosa:72840

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