Publication details
Základy trestní odpovědnosti právnických osob ve světle judikatury Nejvyššího soudu (1. část )
| Title in English | Fundaments of Criminal Liablity of Legal Entities (Corporate Criminal Liability) in Light of Case Law of Supreme Court of the Czech Republic [Part One] |
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| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Trestněprávní revue |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Criminal Liability of Legal Entities; Corporate Criminal Liability; Fundaments of Criminal Liability; Acting on Behalf of Someone Else; Criminal Offence of Legal Entity; Imputability (Accountability lato sensu) |
| Attached files | |
| Description | In this article (which consists of two parts) the author presents and analyses existing decision-making practice of the Supreme Court of the Czech Republic regarding chosen aspects of fundaments of criminal liability of legal entities (Corporate Criminal Liability). The reader is thus provided with overview of the most important judgments of the Supreme Court given in this specific field of criminal law. Main aim of this text is to serve as ‘educational tool’ for better orientation and understanding to this highly complicated area. To serve this purpose, the author presents judgments considering relation between individual and collective criminal liability, individual parts of construction of imputability (accountability lato sensu) of illegal act of chosen physical persons to legal entity and – even though marginally – succession of criminal liability of legal entity on its legal successor. Although the Supreme Court had not yet a chance to formulate his opinion on issue of so called “exculpation” of legal entity, the article considers this issue as well. The outline for this latest topic was given by judgment of the High Court in Prague. |
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