Publication details

Protiprávní čin spáchaný před vznikem právnické osoby – kde se soukromé a trestní právo (ne)setkávají

Title in English Illegal Act Commited Before Creation of Legal Entity - Where the Private and Criminal Law Does (not) Meet

ČEP David KANDOVÁ Katarína

Year of publication 2019
Type Article in Proceedings
Conference Cofola 2019 Část III. – Uzavřenost vs. interaktivita trestního práva
MU Faculty or unit

Faculty of Law

Web Open access sborníku
Keywords Illegal Act; Legal Entity; Acting Before Establishing of Legal Entity; Criminal Liability; Accountability (Imputability lato sensu) of Illegal Act to Legal Entity
Attached files
Description In this contribution we focus on specific issue of committing illegal act (accountable to legal entity) before it is even established. According to topic of section of criminal law, we try to analyse this issue from perspective of both criminal and civil law. First, it is civil law (respectively its legal norms) that enables to act on behalf of legal enti-ty even before it is duly established. In other words, it enables to act (legally) and bind by these actions a subject, that does not exist yet as subject of law. On contrary criminal law – due to its subject – focus on, in first place, illegal acts committed before establishing of legal entity [see Section 114 paragraph 2 letter a) of Criminal Code and Section 8 para-graph 4 letter a of Act on Criminal Liability of Legal Entities and Proceedings Against Them]. Existence of such criminal regulation is logic according to existence of civil one that enables acting on behalf of legal entity before it is established. In our contribution we try to, on described platform consisting of civil and criminal regulation, provide some ideas on how much criminal regulation reflects specifics of civil regulation or how much it governs this issue sovereignly.
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