Publication details
Právnické osoby ve světle subsidiarity trestní represe
| Title in English | Legal Entities in the Light of the Subsidiarity of Criminal Repression |
|---|---|
| Authors | |
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | TRESTNĚPRÁVNÍ REVUE - ODBORNÝ RECENZOVANÝ ČASOPIS PRO TRESTNÍ PRÁVO |
| MU Faculty or unit | |
| Citation | |
| web | https://app.beck-online.cz/bo/chapterview-document.seam?documentId=nrptembsgzpxi4s7gfpxgxzrhe&refSource=search&ols=julíček&searchScope=all&searchType=normal |
| Keywords | Subsidiarity of criminal repression; legal entities; criminal liability; ZTOPO; ultima ratio; attribution of conduct. |
| Description | The article deals with the issue of criminal liability of legal entities in the light of the principle of subsidiarity of criminal repression, which is one of the basic principles of Czech criminal law. The author points out the specifics of legal entities as legal constructs acting through natural persons and how this fact affects the structure of their criminal liability under No. 418/2011 Coll. (ZTOPO). Particular attention is paid to the phenomenon of the attribution of the actions of natural persons to a legal entity and its practical impact in the sphere of natural persons. The article also concerns the issue of the simultaneous punishment of both types of entities for the same action. This text analyzes the impacts of the amendment of the ZTOPO from 2016 and raises the question of whether the punishment of legal entities for acts that could have been sufficiently affected by other legal instruments corresponds to the principle of ultima ratio. The author further analyzes the possibilities of exculpation of legal entities, especially through the so-called compliance programs, and principles on practical and theoretical shortcomings of the current legislation, including possible violations of fundamental criminal rights. The aim is to demonstrate whether current practice corresponds to the effective and subsidiary exercise of criminal repression in relation to legal entities. |