Publication details
Trestné činy statutára "jednomužné" právnické osoby spáchané k její újmě
| Title in English | Crimes of An Executive of a "One-man" Legal Person Commited to Its Detriment |
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| Authors | |
| Year of publication | 2023 |
| Type | Article in Proceedings |
| Conference | Nové jevy v ekonomické kriminalitě 2023. Sborník k poctě doc. Josefa Kuchty |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Keywords | one-man legal entity; criminal liability; breach of duty in administration of property of another; abuse of status in business relations |
| Description | This contribution deals with a problem of criminal liability of an executive (member of its executive body) of an "one-man" legal person, i. e. of a legal person, whose bodies are occupied by a single natural person (typically limited-liability companies with one executive, who is also the single-member, i. e. the single shareholder) for a crime commited to the detriment of such a company (mostly in a form of a material or another economic damage). The essence of this contribution lies in an analysis of two basic approaches, which can be used to solve this problem. The first approach stresses out the independence of a legal personality of a legal person and its separation from persons who represent it or have a property or other interest in it, while the other one takes into account the final meaning of a legal person's existence, which is to serve the needs of particular people, here of a single person. At first, the contribution presents both approaches and their consequence for the criminal liability of the single executive and single-member of such a legal person including the evaluation of their pros and cons, then it follows with a demonstration of these principles in case law regarding selected crimes and finally it concludes with a proposition of a solution. |
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