Publication details

Nutná obhajoba právnické osoby de lege ferenda

Title in English Mandatory Defense of Legal Entity De Lege Ferenda

ČEP David

Year of publication 2018
Type Article in Periodical
Magazine / Source Státní zastupitelství
MU Faculty or unit

Faculty of Law

Web Repozitář MU
Keywords Criminal Proceedings; Legal Entity; Defense; Mandatory Defense; The agreement on guilt and punishment; Typal Social Harmfulness
Attached files
Description Procedural aspects of criminal liability of legal entities (i. e. corporate criminal liability) still contains various problematic areas. One of them is an issue concerning efficient realisation of right of legal entity – against whom a criminal proceeding is being conducted – of defense. This article tries to clarify institute of obligatory defense in criminal proceedings against legal entity de lege ferenda. In order to do so, it offers analysis of relevant legal framework de lege lata and also partial international comparison. An outcome of these two is diagnosis of neuralgic points of legal entity’s right of defense (with special regard to obligatory defense) and proposal of possible solutions that can contribute to fairer criminal proceeding in which legal entity will act as full-fledged person against whom a criminal proceeding is being conducted with guarantee of all procedural rights that are not excluded by its nature.
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