Publication details
Korekční prvky trestní odpovědnosti právnických osob a "zbavení se" trestní odpovědnosti právnickou osobou
| Title in English | Corrective measures of criminal liability of legal entities and "exempt of" criminal liability by legal entity |
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| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | Criminal Liability; Legal Entity; Corporate Criminal Liability; Corrective Measures; Exempt of Criminal Liability; All Effort That Could Be Fairly Required |
| Attached files | |
| Description | Legislative framework of criminal liability of legal entities (a. k. a. "corporate criminal liability") was subjected to many complaints. One of them was that regulation of criminal liability of legal entities was too strict, even harsh. Especially when considering liability of legal entities for unlawful acts committed by members of its bodies. By Act no. 183/2016 Coll. a new corrective measure of excessive hardness of legislative framework was presented and became a part of Act no. 418/2011 Coll. on Criminal Liability of Legal Entities and Proceedings against Them. This new legislation (which allows legal entities to exempt of their criminal liability even in case that unlawful act which represents basic element of their liability was committed by member of its board) is subjected to critical analysis. Its problematic aspects are detected, described and commented in order to provide some ideas on how to work with this new idea of exempt of criminal liability. |
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