Publication details
Účinná lítost a promlčení trestní odpovědnosti právnické osoby
| Title in English | Effective remorse and the limitation of time of the criminal liability of legal entity |
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| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | criminal liability of legal entities; termination of criminal liability; effective regret; limitation of criminal liability; limitation; limitation period |
| Attached files | |
| Description | Although the issue of criminal liability of legal entities is no longer a novelty in the Czech legal system (Act No. 418/2011 Coll., On criminal liability of legal entities and proceedings against them, as amended (hereinafter "TOPO"), has been effective since 01.01.2012, i.e. almost a whole decade), it is undoubtedly beneficial to draw at-tention to the "historically" known criminal law institutes, which, however, in the light of the legal regulation of criminal liability of legal entities undergo certain spe-cifics or changes, or which may, with regard to the fictitious nature of legal entities and the specifics associated with it, cause problems of interpretation or application. Two such institutes, which can be classified under the institutes mentioned in the previous paragraph, are effective remorse and limitation of criminal liability. Both institutes are primarily regulated in Act No. 40/2009 Coll., The Criminal Code, as amended (hereinafter referred to as “criminal code” or "TZ"), however, a partial "additional" regulation in relation to legal entities is found in the TOPO, which is in relation to TZ by a special legal regulation. The present paper aims to analyse the institutes of effective remorse and limitation of criminal liability in general (static aspect of criminal law) and then focus on the specifics of these institutes, if the perpetrator is a legal entity (dynamic aspect of criminal law). This paper will not deal with the issue of the limitation of punishment execution. |
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