The Criminal Corporate Liability The definition of legal person is not outlined in criminal law, but can be found in Section 18, Subsection 2 of the Civil Code. Corporate criminal liability is then a concept that has been newly introduced to the Czech statutory criminal law, what has caused a certain intrusion of the system of basic principles of criminal law, mainly the principle of individual criminal responsibility. The term "imputability" appears, which means that a conduct of agents or other persons designated in the Act on Criminal Liability of Legal Persons and Proceedings Against Them (further as "the Act") can be imputed to a legal person, if the physical person is culpable for the conduct and the conduct causes imputability of the criminal offence to the legal person. Intensive discussions on necessity and suitability of implementation of the concept of corporate criminal liability into the Czech legal system had preceded the adoption of the Act in 2011. Such discussion can now be considered as overcome, as it is obvious that the Czech Republic has opted for the direction towards the "true" corporate criminal liability. Arguments for and against the adoption of the Act can nevertheless help to better understand the concept itself, as well as the context in which it has been introduced. It...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:328178 |
| Date | January 2013 |
| Creators | Bohuslav, Lukáš |
| Contributors | Jelínek, Jiří, Záhora, Jozef, Sváček, Jan |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/doctoralThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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