Publication details

Trestní odpovědnost v souvislosti s rozhodováním kolektivních orgánů

Title in English Criminal liability in Connection with Taking Decisions by Collective Bodies

PÚRY František ŠÁMAL Pavel

Year of publication 2013
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords Criminal Liability; Decisions by Colective Bodies;
Description Since recently, even in criminal law we can encounter criminal liability of specific people in connection with making decisions of collective bodies consisting of two or more natural persons who are members of such body, and participate directly in adoption of a particular decision. After the introductory theoretical approach, the authors deal, in the context of particular jurisdiction, mainly with criminal liability of natural persons for consequences of decision adopted by a collective body in association with taking decisions of collective bodies o/trade companies and cooperatives, or collective bodies of territorial self-governing units, both in terms of objective and subjective aspect of a considered criminal act, and also with criminailiability of legal entities as perpetrators of criminal act/or acting of natural persons attributable to them pursuant to Act No. 418120} 1 Coli., on Criminal Liability of Legal Entities and Legal Proceedings against them. In consideration of all the aforementioned they emphasize that the introduction of liability of legal entities the criminal law does not know the so-called collective liability of more natural persons for a criminal act in that meaning that the perpetrator of it would be all these natural persons acting within a legal entity or a certain circle of these persons, without being investigated whether each of these natural persons has individually fulfilled all the aspects of a particular criminal act, and whether they did so culpably. A legal entity bears criminal liability as an independent subject of law, not as a summary of aU or certain natural persons acting in it. Criminal liability of legal entity then does Ilot mean resignation to criminal liability of those natural persons who caused criminal liability of legal entity, or those who committed a crime within an activity of a legal entity, or those who even committed a crime as its accomplice or participants.

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