Transfer of the burden of proof in criminal procedure against a legal person procedure against a legal person
2016
Abstract
Contribution deals with the issue of transfer of the burden of proof in criminal procedure against a legal person (entity). It focuses on the analysis of current opinions, jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union, and tries to answer the question whether the criminal procedure against a legal person (entity) differs from the criminal procedure against a person with regard to the burden of proof and its transfer, or its shift on the defendant.
The conclusion is, that the legal person (entity) must carry the burden of proof with regard to proving the existence of a Compliance program, which results in acquittal of the charges.