Publication details

Úskalí obhajoby právnické osoby v trestním řízení

Title in English Pitfalls of defense of legal entity in criminal proceedings

ČEP David

Year of publication 2016
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Attached files
Description Defense of a legal entity in criminal proceedings is in comparison with natural person significantly more difficult. The reason of this lies within the nature of legal entity. Considered a legal fiction, the legal entity is not able to act on its own behalf during criminal proceedings and thus unable to exercise its procedural rights. It is why the lawmaker stated that certain natural persons will be entitled to act on behalf of legal entity in criminal proceedings. Even at first sight it is obvious that such legislation can lead to complications based on conflict of interests that may restrict the effective realization of procedural rights of legal entity and right of defense itself. In this point of view the most problematic aspects are actions of legal entity during criminal proceedings, choice of a counsel and testimony of legal entity. The author analyses aforementioned issues and formulates his own opinions and recommendations in order to provide a solution for effective assertion of right of legal entity during criminal proceedings and avoid consequences connected with existence of conflict of interests.
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