Publication details
Mladistvý a dítě mladší patnácti let jako osoby jednající za právnickou osobu
| Title in English | Juvenile and the child under the age of 15 as a entities acting on behalf of a legal entity |
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| Authors | |
| Year of publication | 2020 |
| Type | Article in Proceedings |
| Conference | Cofola 2020: Sborník příspěvků mladých právníků, doktorandů a právních vědců |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | criminal liability of legal entities; juvenile; child under the age of 15; attributability |
| Description | Until recently, the Czech Republic was one of the countries that does not know the criminal liability of legal entities and that fully respects the principle of societas delinquere non potest. Criminal liability of legal entities was introduced into the Czech legal system by Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings Against Them, as amended (hereinafter referred to as “TOPO”), which has become valid on 27.10.2011 and effective thereafter on 01.01.2012. TOPO in its § 8 par. 1 letter a) to d) sets out an exhaustive list of persons who may act on behalf of a legal entity, so that the conduct of any of the persons listed here can be attributed to it. Among the persons listed in § 8 par. 1 letter a) to d) TOPO thus includes: a) a statutory body or a member of a statutory body, or another person in a managerial position within a legal entity who is entitled to act on behalf of or for a legal entity, (b) a person in a management position within a legal entity who carries out management or control activities over that legal entity, even if he is not a person referred to in point (a); (c) a person who exercises decisive influence over the management of that legal entity, if his conduct was at least one of the conditions for the occurrence of a criminal liability of the legal entity, or (d) an employee or person in a similar position (hereinafter referred to as an "employee") in the performance of his duties, even if he is not a person referred to in points (a) to (c). Is it possible for a statutory body to be a juvenile? Is it possible for a child under the age of 15 to be a statutory body? Is it possible for a juvenile or a child under the age of fifteen to be a person in a managerial position, a person exercising decisive influence over the management of a legal entity, or an employee or a person in a similar position? If so, can such conduct be attributed to the legal entity? If not, is it possible to attribute such conduct to a legal entity at the criminal level? The answers to these questions will be posted below. |
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